What are the requirements for providing family or medical leave?

In Virginia, employees are entitled to family or medical leave if they meet certain criteria. To be eligible for family or medical leave, employees must have worked for the employer for at least 12 months and must have worked at least 1000 hours during the 12 months prior to taking leave. This requirement helps to ensure that the employee has a vested interest in the employer and is dedicated to their work. When an employee meets the eligibility criteria, the Virginia Employment Commission provides up to 12 weeks of unpaid job protected leave for certain family and medical reasons. These reasons include caring for a newborn or newly adopted child, recovering from a serious health condition, tending to a family member’s serious health condition, or taking time away from work to deal with a domestic abuse or stalking situation. Any employee who qualifies for family or medical leave must provide 30 days advanced notice of when they plan to take the leave. If there is no 30-day notice, the employee must provide as much notice as is reasonable. The employer may require employees to provide medical documentation or other proof to support their request for family or medical leave. Virginia employers are also required to provide employees with a written notice of their rights and responsibilities under the family and medical leave law. This notice must be given to all new hires and must be posted in the workplace in a conspicuous place. The notice must also be provided to all staff upon request.

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