Legal Question in Medical Leave in Virginia

I have FMLA and I applied for a promotion at me job. I received a letter of disqualification and I asked my AGM why I was disqualified. He told me it was because of my attendance and the people I hang with, but in the same breath told me I was qualified for the position. He then gave me the opportunity to interview with him. In the interview he told me again I qualify for the position but the only thing holding me back was my attendance which is covered under FMLA. What can I do?

Asked on 5/30/13, 10:56 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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As long as you've been restored to the same or similar position with same or similar benefits after going on and returning from FMLA leave, that's all that your employer is required to do under applicable federal law. They are not required to promote an employee who has taken FMLA leave even though that employee may be considered qualified for a particular position for which s/he has applied but been denied for reasons other than those involving federal Title V11 civil rights claims of prohibited discrimination.

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Answered on 5/30/13, 12:09 pm

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