Legal Question in Employment Law in Virginia

I requested leave under the FMLA provision to help care for a dying family member, who passed away late August. My employer recently contacted me after being informed (not by myself) that the family member had decease and I had to return back to work. Can they do this ?


Asked on 9/22/10, 8:24 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

You must return to work if the FMLA leave taken specified that the leave

would end upon the termination of the reason for which it was taken, i.e., the death of the family member. However, if the leave specified only a period of time, and was otherwise unconditional with respect to that period of time, you

should be entitled to continue with this previously approved leave until

such time has expired (in my opinion).

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Answered on 9/28/10, 6:57 am


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