Legal Question in Medical Leave in Virginia

I was on intermittent fmla from 2/9/12- 5-9-12 and the paper that i received showing the approval said the leave was expected to last for approximately 3 - 6 months and I was advised at the time it had to be approved in 12 week increments. My doctor sent the paper in for 5-9-12 through 8-9-12 and I received paper in the mail dated May 23, 2012 stating that I was approved for intermittent fmla through 8-9-12. On June 26th my manager came and got me said I had a conference call in the office and it was the head of the HR dept and she told me that my Dr had only wrote for me to miss 10 mins every 6 months and my Dr is now out on maternity leave and when they attempted to contact her she was not available so I was told as of June 26 I no longer had fmla until I went to another Dr and the paper was sent back in for the fmla. I do not have the funds to go to another Dr at this time. My question is can they take my fmla after sending me the paper showing approved as needed through August 9. Thank you

Asked on 7/02/12, 1:04 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Why not ask HR for a copy of what your doctor supposedly wrote to them

which hardly makes any sense at all, i.e., 10 minutes every six months?

(It would seem that someone, somewhere must be quite confused regarding

this issue.)

And, no, if in fact your employer is now denying your request for intermittent

FMLA leave, you could risk termination by proceeding as if such had

been approved.

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Answered on 7/02/12, 6:31 am

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