Legal Question in Medical Leave in Virginia
Delay between 12-week FMLA unpaid leave applications.
An employer refuses to grant a second 12-week FMLA unpaid leave for 18 months from the first approval, based on their interpretation of a "rolling year".
Case in point: employee with 10 years full time service approved for 12 weeks FMLA unpaid leave for the months of July, August and September, 1996. Returned to work after taking the 12 weeks on Monday, September 30, 1996. Is now refused a second period of even less duration until January 1998, based on employer's "rolling year" definition.
What is the earliest this employee can qualify for another 12-week FMLA unpaid leave?
1 Answer from Attorneys
How to calculate your entitlement
Were you told this before your need for the second leave arose? Is so, how (writing or orally). If you were not told you can use the method most beneficial to you. I am not licensed in your state. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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