Legal Question in Medical Leave in Pennsylvania

FMLA Replacing Person While On Leave

Is it legal to not hire a temporary replacement for someone who is going out on FMLA? My brother's manager won't let him hire a temporary replacement for one of his staff leaving for FMLA which will require him to work 13 hour days. This doesn't sound legal to me. I know that pregnant workers are protected by the FMLA act are workers protected against their bosses forcing them to work 13 hour days to take over for the person out on leave? thank you.


Asked on 8/04/04, 2:04 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: FMLA Replacing Person While On Leave

The federal statutory rights and protections afforded by The FMLA(Family and Medical Leave Act) apply to the employee taking(or eligible to take)leave under the Act and impose certain obligations and requirements on the affected employer with respect to that particular employee who is taking the FMLA leave. It does not address(to the best of my knowledge) what that employer may or may not do in terms of requiring the remaining employees to cover the work of the one who is out on FMLA leave.

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Answered on 8/04/04, 2:29 pm


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