6 Easy Steps to Requesting FMLA Leave In Virginia

Parental Leave Requests & Benefits 6 Easy Steps to Requesting FMLA Leave In Virginia

6 Easy Steps to Requesting FMLA Leave In Virginia

Requesting FMLA in Virginia can seem like a lot of work, especially when you are expecting a new addition to your family. While some employers and even states offer paid parental leave for individuals who need time off for new family members, time off is not guaranteed, paid or not.

Fortunately, FMLA has been established to help you maintain job security and health insurance benefits for the duration of your leave. Take the stress out of requesting FMLA leave in Virginia with DoNotPay.

Who Can Request Parental Leave in Virginia?

Although some states offer paid parental leave for individuals who are expecting or adopting, Virginia does not. Employees who need time off for parental leave must therefore rely on their companies or federal FMLA policies.

Each company has a different policy concerning parental leave. Some provide short- and long-term disability, paid time off (PTO), vacation time, or sick days that can be used for paid time off during parental leave. Often, these benefits are contingent upon full-time employment and are subject to a probationary period.

Even if your company does not offer paid time off for maternity or parental leave, you may still qualify for FMLA leave under federal law.

To submit an FMLA claim, you must meet the following requirements:

  • Be employed by a covered employer
  • Be employed by an employer that has more than 50 employees within a 75-mile radius.
  • Have worked for your employer for at least 12 months (consecutive or non-consecutive) over the last seven years. If you have engaged in military service during this period or have a binding written agreement, you may be excepted from this requirement.
  • Have worked a minimum of 1,250 hours during the 12 months leading up to your leave start date. (Airline flight crewmember must meet different requirements.)

How to Request Paid Parental Leave in Virginia

FMLA leave is not paid, and Virginia does not have a paid parental leave program. To obtain pay during parental FMLA leave in Virginia, you may need to use sick days, vacation time, disability, or PTO. The options available to you for FMLA in Virginia, therefore, depend heavily on the type of contract and benefits you have with your employer.

Keep in mind that even if you are not paid for leave, FMLA protects you from being fired or losing your health benefits while you are on approved FMLA leave.

What is FMLA?

The Family and Medical Leave Act (FMLA) is a federal program under the purview of the US Department of LaborIt is designed to allow employees to take time away from work for certain medical and family situations while protecting the employee's employment status and health insurance benefits.

You can qualify for 12 weeks of FMLA leave within a 12 month period under the following circumstances:

  • Childbirth
  • Adoption
  • Serious health condition - employee
  • Serious health condition -  immediate family member or employee
  • Active military duty

In addition, individuals who must care for an injured or ill military servicemember in their immediate family may be eligible for 26 weeks of FMLA leave within a 12 month period.

How to Apply for FMLA in Virginia on Your Own

While FMLA is a program designed to protect employees from wrongful termination of employment and benefits, applying for FMLA does not necessarily guarantee approval. It is therefore critical that you submit your FMLA forms as quickly as possible. Many employers require significant notice, upwards of 30 days, to approve FMLA leave.

If your employer does not offer any kind of parental leave, it may be wise to obtain your FMLA leave approval in Virginia prior to submitting your request to your HR department.

To request FMLA leave in Virginia, follow these steps:

  1. Submit a letter or email to your HR department to inquire about parental leave policies and request FMLA leave, sick time, PTO, or disability as permitted by company policy and your contract.
  2. Have your doctor fill out an FMLA Medical Certification Form. Submit the form with your application to the Department of Labor within 15 days of completion.
  3. If you are approved, you will receive an FMLA Notification Form. Submit this form to your employer within two days of requesting FMLA leave.

Let DoNotPay Help You Request FMLA Leave

Submitting your FMLA request for parental leave in Virginia can be complicated and stressful. Simplify your FMLA request in Virginia with DoNotPay.

We can help you apply in 6 easy steps:

  1. Tell us which state you work in (if you work in CA, NY, NJ, MA, WA, or DC, your state has a paid family leave program).


  2. Choose whether you want us to apply to the program for you or contact your employer with your leave request. If you want to apply for the program, we will walk you through the questions on the form and mail the application form for you.


  3. If you want us to contact your employer, enter your leave details, including the starting date, number of weeks of leave, and how many weeks of paid leave you are requesting (for example, you may take a 12 week leave, but only request 8 weeks of paid leave to make the request reasonable).


  4. Indicate whether you are the birth parent or not (birth parents have a few additional legal protections).


  5. Enter the name of your company and the person to address this request to.


  6. Select whether you want us to email the request to your employer on your behalf.


Why Use DoNotPay for Your FMLA Request in Virginia

DoNotPay is here to help you simplify complex tasks, so you can focus on the things that are important in your life. Our FMLA request service is:

  • Fast - Quickly apply without multiple forms and contact points.
  • Easy - Reduce the amount of paperwork and documentation you need to provide.
  • Successful - Rest easy in the knowledge that we are preparing the best case for your FMLA leave request.

DoNotPay is dedicated to providing our customers with FMLA request assistance for every company in every state as shown below. 

LouisianaMississippiNorth CarolinaSouth CarolinaDelaware
MaineMarylandMassachusettsNew HampshireNew Jersey
New YorkPennsylvaniaRhode IslandVermontVirginia
TennesseeTexasArizonaNew MexicoColorado
IdahoMontanaNevadaOregonSouth Dakota

We also provide a host of additional services to make your life easier, including sick leave requests and workplace complaints.

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