Legal Question in Medical Leave in Pennsylvania
FML extended?
I was given medical leave for an operation. On the day I was I was to return to work I was in my car accident and unable to return. Employer told me I had one more week of leave and they would not take me back after that. Said they would if they had a position open but, they admitted they hired someone in my place before my medical leave was up. Do I have any recourse in this matter?
1 Answer from Attorneys
Re: FML extended?
You asked about FMLA leave.
An employee may use up to 12 weeks of FMLA leave if eligible. A covered employer is required to take an employee back if they properly utilize the 12 week period.
If you have not exhausted the 12 weeks of leave then you may have recourse. Also, depending on how your employer determines how the FMLA leave policy is calculated you may be eligible for a second go at another 12 weeks of FMLA leave.
It is entirely situation dependent and you should speak with an attorney about this matter.
Regards,
Roger
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