Legal Question in Medical Leave in Pennsylvania

Counting FMLA used time as absences

My employer approved FMLA for my chronic back condition. Recently I was out sick with a viral infection for 3 1/2 days and provided my employer with a doctor's note since I did not have any sick time left. My employer suspended me without pay stating ''consistent and excessive absentism may result in disciplinary measures''v ''up to and including termination''. Even though my absence was the result of a viral infection due to my weakened immune system because of my condition, is this discriminatory since I was under FMLA and this was the first occurence since all my sick days were exhausted.


Asked on 11/09/06, 8:17 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Counting FMLA used time as absences

You asked about the use of FMLA in connection with a medical condition.

Many employers do not understand the implications of FMLA. If you have an internal system for resolving this matter at your employer then you should attempt to use that. your record should be cleared with regard to any FMLA associated leave.

If that is not satisfactory or possible then you should contact an attorney to assist you with enforcing your rights and prosecuting a claim.

Regards,

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Answered on 11/09/06, 8:41 pm


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