The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave to recover from illness or pregnancy or to care for sick family members. Employers covered by the FMLA are required to grant such leave and reinstate the employee to the same or an equivalent position upon timely return from FMLA leave. Because of the complexity of the statute and its corresponding regulations, employers have had great difficulty figuring out when an employee is entitled to leave and the conditions that may be placed upon such leave.
For state employees, Virginia statute also provides for eight weeks of parental leave for employees (who have been employed by the Commonwealth for at least 12 consecutive months) who become new parents by birth, adoption, or foster care. The leave provides for full compensation during the eight weeks and is in addition to FMLA and other Commonwealth-provided benefits.
A private employer is covered under the FMLA if the employer employs 50 or more employees each working day for 20 or more full (not necessarily consecutive) calendar workweeks in...
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