Legal Question in Medical Leave in Pennsylvania
Can an employer put you off work if you under Dr's care?
I work for a facitly that is located in a mountain terrain. I was informed 3 days ago that I will be needing foot surgery in mid June '06 and will be off for 6-8 weeks afterward. I gave the information to my supervisor and my HR Manager. My Dr gave me some restrictions which are: no running/jumping or standing/walking for prolonged periods over uneven terrain. I was told today (by phone) that I could not come back to work until I had a letter of clearance from the Dr. I was not given any information as to how to keep my medical, short and long term disability insurances. I can't understand why they wouldn't have to give me modified work. I normally drive a van, which does not require any of the 'restrictions' but ocassionaly do other things. Now I am with out work for roughly 3 months w/no income what so ever. What am I do? Am I able to sign up for unemployment or state assistance? There is no way I can keep my home going for more than a month w/ my only source of income gone. Nor am I able to pay for the surgical procedure that is necessary. We have tried all other avenues to avoid surgery. I don't have any insurance forms filled out or anything and don't know if they will even give them to me. Please advise on what I should do.
1 Answer from Attorneys
Re: Can an employer put you off work if you under Dr's care?
Speak with everyone involved and see if you can find a mutually acceptable solution.
Under the Family Medical Leave Act (FMLA) an employer must allow an employee up to 12 weeks of unpaid leave to care for themself or family with medical needs. During that period the employee must be allowed to return to work with full priviliege and status. In most cases this is in addition to first allowing an employee to use all accrued leave.
During the extended leave you can keep your insurance by making prior arrangment with your employer. They must continue to make their payments for your policies. They are not required to make the employee contribution but can either request you make payment directly to them or accrue a balance to be paid off on your return to work. If they don't have this policy in place already then now is the time for them to develop it.
As for placing you on leave. They are very likely correct in doing so. The doctors note makes no mention of modified duty and they have every reason to expect that it may be necessary to violate some of the restrictions in performing your duties.
My suggestion is to work with the doctor and employer and request either modified duty (such as a desk job) or otherwise to possibly "buy" future vacation and sick leave until you are able to return to work.
You may be eligible to collect unemployment insurance for as long as the period you are out of work. You should check with the appropriate state agency to see if you qualify and apply.
Regards,
Roger Traversa
email: [email protected]
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