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Virginia Leave of Absence (FMLA): What you need to know

Some states have laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness, but Virginia does not have such a law. However, most Virginia employers with 50 or more employees are probably covered by the federal Family and Medical Leave Act (FMLA). There are details on the federal FMLA.
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The Virginia Human Rights Act prohibits employment practices that discriminate against individuals because of pregnancy, childbirth, or related medical conditions. With respect to time off, this means that an employer must treat employees disabled by pregnancy or related conditions the same as that employer treats employees with other types of temporary disabilities. The Act covers all employers, regardless of size (VA Stat. Sec. 2.2-3900et seq.). In addition, Virginia employers are also bound by the requirements of the federal Pregnancy Disability Act to treat pregnancy-related disabilities the same way that all other temporary disabilities are treated. There is more information.
State law requires employers to allow an employee who is a victim of a crime to take unpaid leave in order to be present at criminal proceedings relating to the crime, unless doing so imposes an undue hardship (i.e., a significant difficulty and expense) on the operation of the employer's business. The law applies to all employers. Employers are also prohibited from dismissing or otherwise discriminating against an employee who is a victim of a crime because he or she exercises the right to leave work (VA Stat. Sec. 40.1-28.7:2).
Covered individuals. A "victim of a crime" is one who has suffered physical, ...

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