Legal Question in Medical Leave in Pennsylvania

FMLA job termination upon return

I suffered a non job injury in 9-2004. I filed for FMLA which expired in Dec. I was released for light duty in Oct. was told no light duty available so I collected unemployment. I was released for full duty last week and the day I returned I was told that I was on permanent lay off. They hired another employee to do my job. Am I covered in anyway under FMLA or ADA? Thank you!


Asked on 1/25/05, 2:04 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: FMLA job termination upon return

If in fact there was no position for your light duty status your FMLA protections expired after 12 weeks. Under the ADA you may have protection if the injuries you suffered rose to the level of a disability as defined in the law. I offer free consultations.

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Answered on 1/25/05, 2:24 pm


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