Does the FMLA cover self-care or preventive care leave?
Yes, the Federal Medical Leave Act (FMLA) does cover self-care and preventive care leave in Virginia. FMLA provides eligible employees with up to 12 weeks of unpaid and job-protected leave per year to care for their own health and preventive care needs, such as routine medical appointments or preventive medical screenings. Employers can require employees to provide medical certification of their self-care and preventive care needs when they take FMLA leave. This is to confirm the employee has a qualified health condition as defined by the FMLA. In Virginia, it is also important to note that employers cannot force employees to use paid leave for self-care or preventive care leave. If a Virginia employee does qualify for FMLA, then their employer is required to provide unpaid leave for self-care and preventive leave. In addition, employers in Virginia are required to continue employee benefits, such as health insurance coverage, during FMLA leave. The employer may require the employee to pay their normal premium payments during their leave. Finally, employers are required to reinstate the employee to their original position or a similar position upon their return from leave.
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