Employers in Virginia must take into account the federal Family and Medical Leave Act of 1993 when deciding whether to grant unpaid leave to employees.

Under this act, employees are entitled to take time away from work for some health issues and family life events.  These qualifying events include family needs that result from the birth of a child, the adoption of a child, the arrival of a new foster child, or the illness of the employee or one of the employee’s close family members. Employees can also take time off when they have a serious health condition.

The FMLA allows for up to 12 weeks of unpaid leave.  During the leave, the employee can be sure that his or her job is protected and will be available when the employee is able to return to work.  Employees should not be alarmed if the employer finds a way to temporarily fill the job.  The employer is not required to hold open the job, only to guarantee that the employee will be returned to his or her job after the leave is over.

Some states have added more benefits to those provided by FMLA.  Virginia does not have any such state statute, at this time.  State plans can offer many more weeks of leave and can even offer limited pay during the time off. 

While the state of Virginia doesn’t offer additional benefits to employees, some workers will find that they qualify for longer leave times because of their particular situation.

If their employment includes benefits provided under a contract such as a union contract, the employee may well have more leave time available.  Some companies offer short term disability plans or policies to their employees that offer extended leaves during which their job will be protected.  Employers may have allowed other employees to take additional time off, thereby setting a standard which must be maintained for other employees. 

The Americans with Disabilities Act of 1990 offers added protections for those employees who have qualifying disabilities.  Depending on the employees’ circumstances, the provisions afforded workers under this act might offer added time away from the work site.

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This entry was posted on Sunday, July 27th, 2008 at 6:24 am and is filed under Labor & Employment Laws, State Disability Laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.