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Forcing to take early leave in VA Virginia

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  • ElleMD
    replied
    How much time is she missing for appointments? If it is significant or causing a disruption, and they would place any other employee who requires that much time off work on leave, they may do so fer her as well. Can she make the appointments around work? Most doctor's offices have early morning, evening and weekend hours.

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  • stealth022
    replied
    The employer says its not working well because she has to go for doc appts etc. I see that as no reason for her to be forced out. Moreover the 3 years she has worked for them she never took any sick leave until she became pregnant.

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  • cbg
    replied
    If they have less than 50 employees then FMLA does NOT apply. FMLA eligibilty requirements are set by Federal law and employers with less than 50 employees are excluded from FMLA. Whether there are or are not STD benefits is irrelevant; FMLA is leave, STD is how you get paid while you are on leave.

    The employer may be offering medical leave, but if there are less than 50 employees it is not FMLA and FMLA protections do not apply.

    And you didn't answer my question about WHY the employer wants her to start her leave early.
    Last edited by cbg; 06-13-2011, 08:18 AM.

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  • stealth022
    replied
    FMLA does apply. But there is no short term disability provided as they have less than 50 employees.

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  • cbg
    replied
    WHY does her employer want her to take early leave?

    Does FMLA apply?

    Leave a comment:


  • stealth022
    started a topic Forcing to take early leave in VA Virginia

    Forcing to take early leave in VA Virginia

    My wife is 34 weeks pregnant and her doctor wants her to work until her due date. But her employer is forcing her to take maternity leave this week. Is this legal? Please advise what steps can be taken.
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