Legal Question in Disability Law in Pennsylvania

Short term Disability/FMLA

I am going to be having leg surgery

this summer and will be out of work

for 3-4months. I am 22 and have

insurance with my father. I work for

Darden (Olive GARden) and have

been there for about 8 months. Do I

get any compensation money wise

while I am out to help pay my bills

either thorugh my employer or the

government??


Asked on 4/21/09, 7:28 pm

2 Answers from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: Short term Disability/FMLA

You only get money if the need for the surgery is related to a work injury. FMLA will keep the job available for you, up to twelve weeks, when you are able to come back after the surgery.

It does not pay your wages while recuperating.

Good Luck.

TV

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Answered on 4/22/09, 10:32 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Short term Disability/FMLA

You asked about FMLA and compensation.

You may not be eligible for FMLA leave. An employee doesn't have FMLA eligibility until they have been employed 12 months and at more than 1/2 time employment.

As for compensation, unless the cause of the surgery is work related then you would not be eligible for workman's compensation. If you have short term disability insurance then that would cover, but likely you don't have that.

There is no federal program that would cover such a short disability period. And the state program would be unemployment compensation, which would kick in after six weeks being out of work, if you applied for it and were eligible.

Regards,

Roger

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Answered on 4/26/09, 9:39 pm


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