Answers Posted By Jerry Lutkenhaus

The law for preservation of your job is the Family Medical Leave Act (FMLA). This provides to an injury, illness, and family emergency you should not be laid off for being absent for 90 days or less. If you have been absent more than this then the FMLA provides no protection. An employer can give you more protection then 90 days but most don't. If you have a disability but could do your job if the employer would accomadate your disability, then you may have a claim under the Americans with Disabilities Act (ADA). I don't practice law in your state and you should talk to an employment lawyer in your state. This is not legal advice but information only.

answer to Was laid off for Exhaustion of STD and it has not been a year do they have to give me a job back posted Apr 20, 2012 3:56 PM [EST]

Dear Sir or Madam:

You need to check with the Virginia Department of Labor and Industry. It has a wage and hour department that can address your problem. This is the link.

http://www.doli.virginia.gov/laborlaw/laborlaw_faqs_wagep1.html

Jerry Lutkenhaus
Virginia Workers Compensation Lawyer

answer to Can I be docked for scheduled days off? posted Jul 15, 2010 9:35 PM [EST]

You should check withe Virginia state hour and wage division. http://www.workplacefairness.org/agencies_VA#4

answer to Is a company obligated to pay out accured vacation time at the time of a lay off? posted Jun 28, 2010 10:52 PM [EST]