If I am already out on FMLA leave, can I take additional FMLA leave?
Yes, you can take additional FMLA leave if you are already out on FMLA leave in Virginia. The Family and Medical Leave Act (FMLA) allows eligible employees to take job-protected, unpaid leave for certain medical and family reasons. In Virginia, an employee may take up to 12 weeks of FMLA leave during any 12-month period. If an employee is already out on FMLA leave, they can take additional leave as long as they have not already used their 12-week allotment. For employees in Virginia, additional FMLA leave can be taken in a number of situations. This includes if the employee or their family member has a serious health condition that requires time off; if the employee needs to care for a family member who is a military service member on covered active duty; if the employee needs to care for a family member with a serious health condition; or if the employee needs time off for a qualifying exigency due to a family member being on covered active duty. Before taking additional FMLA leave, an employee should speak to their employer or HR representative to determine if they are eligible to take additional leave and to ensure their job is protected while they are away.
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