The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for specific family and medical reasons. This federal law protects your job while you handle personal or health-related matters. If you work in Virginia, state laws may provide additional protections depending on your situation.
Who qualifies for FMLA leave?
FMLA applies to employees who have worked at least 1,250 hours in the past 12 months for an employer with 50 or more employees within a 75-mile radius. You can take up to 12 weeks of unpaid leave in a 12-month period for reasons such as:
- Recovering from a serious health condition
- Caring for a family member with a serious health condition
- Bonding with a newborn, adopted, or foster child
- Handling qualifying emergencies related to a military family member
How does FMLA protect your job?
FMLA ensures that when you return from leave, your employer must restore you to your original job or an equivalent position with the same pay, benefits, and responsibilities. Employers cannot fire, demote, or retaliate against you for taking FMLA leave. While your leave is unpaid, your employer must continue your health insurance coverage under the same terms as if you were still working.
Does Virginia law offer additional protections?
Virginia law largely follows FMLA but provides extra rights in specific cases. For example, state employees may have additional leave benefits. Virginia also has protections for pregnant workers, requiring reasonable accommodations for pregnancy and childbirth-related conditions. Some local ordinances may expand protections beyond FMLA’s federal guidelines.
What if your employer denies FMLA leave?
If your employer wrongfully denies FMLA leave or retaliates against you for using it, you have options. You can file a complaint with the U.S. Department of Labor or take legal action if your rights are violated. Keeping records of your request, employer responses, and any related communications can help support your case.
