Legal Question in Medical Leave in Virginia

I have been on intermitit Medical Leave . that is where i miss only days my condition acts up. it has been going on for one to two years. recently my employer told me i had used all my hours up. the only way to get leave now is to build it back up day by day. I thought that it would wipe clean once a year and start over. I am so confused and have no idea where to call to ask.


Asked on 9/24/10, 8:46 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If you're referring to the Family & Medical Leave Act, you must have worked

for a covered employer at least 1250 hours in the previous 12 months immediately preceding your request for the unpaid FMLA leave in order to be

eligilble for the leave that you're requesting. And, no, an employee doesn't

automatically become eligible for this leave each time January 1, 2010, comes

around on the calendar unless he or she has met the above-referenced requirements.

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Answered on 9/29/10, 8:25 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Correction: date referenced should read "January 1" rather than "January 1, 2010".

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Answered on 9/30/10, 6:41 am


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