Legal Question in Employment Law in Virginia

pregnancy and fmla
i live in hampton, va. back at new years i got in a car wreck and was down for 12 weeks for FMLA. in june i found i am pregnant (shocker to husband and i). a week later we found out it was identical twins.

my due date is feb.21 2010. i have been told that i am not able go to my due date that i will be delivered by jan 21, if i make it that far even. my home office was informed so that they would know that i am going to be taking time off around the first of the year. our HR rep. said that if i have my babies before Feb. 1st i have to resign from my position and reapply when i am ready to come back. i asked if could use my sick and vacation time until feb.1st when my fmla could kick in. she told me no that my vacation and sick time would be tied up into my fmla.

my husband says that every state is different. because when i had my oldest daughter i lived in kansas and went on maternity leave when i was 4 mths and didnt come back to work until she was 3 months old.

with the unemployment rate as high as it is why would the company be forcing me to quit when especially i am a good and reliable associate who dedicates theirselves to the company i work for.

thank you

Asked on 7/18/09, 11:44 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: pregnancy and fmla

The company can require that you first use any accumulated personal time(sick/vacation leave) before utilizing your 12 weeks of unpaid FMLA leave.

Answered on 7/19/09, 1:04 am

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