Legal Question in Medical Leave in Virginia

My husband asked for a day off to be with me at the hospital for my surgery with one weeks notice. He was told he would have to sign a written warning since he didn't give them 2 weeks notice. Does he have to sign that?

Asked on 7/27/11, 5:18 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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No, not as far as being in full compliance with the requirements of the Act

since there is nothing in it (as far as I am aware) which necessarily mandates such prior notice to the employer in all situations.

SEC. 102 (e) FORESEEABLE LEAVE (FMLA)

(2)(B) (employee) shall provide the employer with not less than 30 days' notice

before the date the leave is to begin, of the employee's intention to take leave

under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

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7/27/11, 7:12 am

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