Legal Question in Medical Leave in Virginia

taking care of a loved one

Someone I work with is needing to take every other week off to help with her mother who has had a hip replaced, she was told it didn't qualify for family leave. Is that correct?


Asked on 4/22/09, 9:18 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: taking care of a loved one

SEC.102(a)(1)(C)of the Family & Medical Leave Act provides as follows: In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent of the employee has a serious health condition.

Having a hip replacement would seem to qualify as quite a "serious health condition" indeed, and therefore the employer's assessment cannot be correct.

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Answered on 4/23/09, 11:31 am


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