Can I take a leave of absence if I have to serve 30 days in jail?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I take a leave of absence if I have to serve 30 days in jail?

I got a DUI last year and served 12 days in jail. I was taking ASAP classes until I lost my home. I’m now living in a hotel with family. I also had the interlock in stalled on my car. I had 4 violations. I have to go to court next month for the violations; I’m probably gone get some jail time. I’ve been on my job 12 years and I really dont want to lose it. Is leave of absence without pay available?

Asked on October 11, 2017 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Such a leave is not legally required to be provided. That having been said, you can check your company's handbook and see what it says about leave of absences. Also, do you have PTO (i.e. vacation) that can cover such time? Is such leave allowed under the terms of an employment contract or union agreement? If not, then it is up to your empoyer has to whether or not you can be excused without fear of termination. Bottom line, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Such a leave is not legally required to be provided. That having been said, you can check your company's handbook and see what it says about leave of absences. Also, do you have PTO (i.e. vacation) that can cover such time? Is such leave allowed under the terms of an employment contract or union agreement? If not, then it is up to your empoyer has to whether or not you can be excused without fear of termination. Bottom line, a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption