Legal Question in Medical Leave in Pennsylvania

Returning to work

I work for a private school as a receptionist and told them of my plans to take time off for the birth of a baby. Several weeks after finalizing my planned leave I was informed that I would only be needed part time when I returned. THis will take away 50% of my hours, 50% of my sallary, 50% of my tuition benefit, all of my medical insurance and any retirement benefits I was entitled to before. I was also told I could apply for an additional position in the school cafeteria but there was no guarantee that I would get the postition. Is this legal?


Asked on 5/10/04, 10:18 am

2 Answers from Attorneys

J. Bryan Tuk Mandracchia & Modesti, LLC

Re: Returning to work

Under FMLA, the employer is usually required to return you to an equivalent position. This issue, depends on the facts and circumstances of what occured between you and your employer.

I would be happy to discuss this matter with you further. Please contact me at (610) 584-0700 or by email at [email protected].

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Answered on 5/10/04, 11:00 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Returning to work

Usually, an employer must return you to the same or an equivalent position following a FMLA leave. It is also possible that they may be acting to remove you from health insurance because of the cost of insuring a child. There are other factors to consider, however, such as the employer's policies and your arrangement with them on a number of issues.

I'd be happy to discuss it with you further. Email me or call 724-845-8340.

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Answered on 5/10/04, 5:55 pm


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