Legal Question in Medical Leave in Pennsylvania

Medical Leave

I am a full time employee. Late last year, I was off for broken toes (for 8 weeks). I am scheduled for an unrelated surgery. I went to HR and filled out the FMLA paperwork and had my doctor fill out the form, as well. I expected to only be off 4 days, but the doctor specified on the form that I will be off 6 days. (My return to work is 2 days later than I expected.) I showed the form to my boss and asked if that would be a problem. He said that he did no mean to press me, but that would be a problem and I should have my doctor change the form before I have the surgery. Our company is currently going through lay offs and I'm afraid now that I will lose my job over this. Can my employer override what my doctor has specified. If I don't listen to my employer can I lose my job? It's hard enough to have to go through the medical problem and now I'm worried that my livelihood is going to be threatened. Help!?! Thanks!


Asked on 9/17/08, 11:09 am

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

Re: Medical Leave

You asked about FMLA implications of medical treatment.

Your employer is bound by the FMLA and a qualifying event may play no part in a layoff decision. If your employer is smart it will simply accept the doctor's notice. If the employer isn't you may have a good case for redress.

You have been forthcoming with the employer and need do no more.

If a problem results, consult with an attorney.

Regards,

Roger

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Answered on 9/17/08, 10:06 pm


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