Do I have to use my FMLA leave in one continuous block?
No, the Family and Medical Leave Act (FMLA) in Virginia does not require employees to take their FMLA leave in one continuous block. Employees can break up their leave into chunks of time in order to accommodate their needs. For example, an employee may need to take a month off to care for a family member, but can divide that month into one week off every month for the next four months. However, the employee should consult with their employer to ensure that the employer agrees to the divided leave schedule. Additionally, an employee’s breaks between leave should not exceed seven days. When an employee is requesting a leave of absence for a family or medical event, they should provide as much advance notice as possible and be prepared to provide a letter from the healthcare provider or a birth certificate as proof. This documentation is necessary in order to claim FMLA leave. Employers must approve the leave and offer job protection for up to 12 weeks of leave over a 12-month period. Both the employee and employer must keep track of how much leave has been used and how much time remains in the 12-month period. In Virginia, workers who are eligible for FMLA leave are able to break their leave into portions as needed. With prior notice and appropriate documentation or proof, employees can use their available FMLA leave as they need. Additionally, employers must approve the leave and offer job protection for up to 12 weeks of leave over a 12-month period.
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