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 3 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 3 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).


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