Legal Question in Medical Leave in Virginia

i work for jcpenney i was their service desk supervisor do to my illness and that i might be out till sept 1st, they fill the other two supervisor positions and this meant that i will have to be a cashier


Asked on 5/24/11, 7:50 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

If you take and are approved for leave under the Family & Medical Leave

Act, the company upon your return must restore you to the same or similar position that you previously held with the same or similar pay and benefits unless it is determined that your are a "salaried eligible employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed", pursuant to SEC. 104(b)(2) Family & Medical Leave Act (FMLA).

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Answered on 5/24/11, 8:56 am


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