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FMLA

FranklinFranklin 20 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
It is my understanding in the state of Virginia an employee has 15 working days to return completed FMLA papers to their employer. Where can I find this in the law?
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  • David Nagle VADavid Nagle VA 29 Posts
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    Virginia law has no application to this. It is governed entirely by the FMLA. The answer is 15 calendar days.

    The Department of Labor regulation on this appears at 29 CFR (Code of Federal Regulations) 825.305, which provides: "(b) When the leave is foreseeable and at least 30 days notice has been provided, the employee should provide the medical certification before the leave begins. When this is not possible, the employee must provide the requested certification to the employer within the time frame requested by the employer (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts."


    David E. Nagle
    Editor, Virginia Employment Law Letter
    (804) 343-4077
    [email]dnagle@leclairryan.com[/email]

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