When Can I Exercise My FMLA Rights in Virginia?

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To learn more about your Family Medical Leave Act (FMLA) rights in the state of Virginia, continue reading, and give our dedicated Chesterfield County FMLA attorney a call today. Our firm is committed to fighting for you and your rights.

What are my FMLA rights in Virginia?

It is important to recognize that Virginia employers must abide by FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year.

Employees can take FMLA leave if:

  • they have worked for the company for at least a year
  • they worked at least 1,250 hours during the previous year, and
  • they work at a location with at least 50 employees within a 75-mile radius.

What are some of the most common reasons employees can exercise their FMLA rights?

FMLA leave is available if an employee needs time off to:

  • recover from a serious health condition
  • care for a family member with a severe health condition
  • bond with a new child
  • handle qualifying necessities emerging out of a family member’s military service, or
  • care for a family member who sustained a severe injury while serving active duty in the military

Will I still be paid while on my FMLA leave?

It is important to recognize that employers are not mandated to pay their employees while they are on family medical leave. But, do note that in some cases, employers will choose to pay their employees regardless. The primary benefit of qualifying for FMLA is that you can take 12 weeks off of work without having to stress about your job being terminated or assigned to another person. With rare exceptions, the law expresses that anyone out on family medical leave is secured in their role, or a substantially equivalent one when they come back to their place of employment.

Because of this, if you have newly returned to the workforce and found that your employer had discontinued your position or has given it to another employee, do not hesitate to reach out to our firm today to discuss your options. Our firm has the background and experience required to succeed in your employment law claim. We are on your side.

What are my FMLA rights during/after pregnancy?

The FMLA covers pregnancy and also covers caring for a baby shortly after childbirth. However, just being pregnant or having a child may not be adequate enough to qualify an individual for this leave. Only employees who work for companies with 50 or more employees and who work for at least 1,250 hours in the last 12 months will be eligible.

Reach out to Passero Employment Law today to examine the details of your case and your options. Our firm is on your side.

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