Legal Question in Employment Law in Virginia
Hi. I work at an apt community in Va Beach, VA. My immediate supervisor happens to be my best friend of 20 years so she knows the ins & outs of my life. I'm scheduled for ob/gyn surgery in a week. She has DEMANDED that I return to work the following morning, my doctor states there is a 3-5 day recovery period. She says that she has talked to our Regional Manager & that I am only ALLOWED to have the surgery IF I return the next day (since it is not a "life or death" situation). She has given me a letter to sign stating that I WILL return to work at my normal scheduled time (which is less than 24 hours later), work full 8 hour days, and perform all of my duties starting the day after the surgery. If I do not sign this, she will not grant my Sick Leave (which I have available). #1 Does she have the right to say whether or not I can have the surgery? #2 Can she force me to return to work the next day? #3 Is she allowed to discuss my medical situation with our Regional without my knowledge or consent? Thank you for your quick response!! I have been unable to find my answers elsewhere... THANK YOU AGAIN!!
1 Answer from Attorneys
Best friend, you say? As the old saying goes, with friends like this, who needs enemies?
In answer to your questions:
1. No, of course not.
2. Yes, she can limit your leave approval to one day unless you're working under the protection of a contract which would mandate additional leave for you in this particular situation.
3. She could discuss your medical situation with the higher ups to the extent
it involves your request for leave.
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