Legal Question in Employment Law in Pennsylvania

Can an employer send an employee home if he has a doctor;s note for limited use of a hand for a short period of time ?


Asked on 3/23/10, 12:00 pm

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

I am not sure what you mean by a "short period of time," but your employer is not required to provide you with alternate duty work under Pennsylvania's Workers Compensation Act (if your limitations are due to a work injury). Given your use of the phrase a "short period of time" it is unlikely that your impairment would be classified as a disability under the Americans with Disabilities Act, a law that requires your employer to provide reasonable accomodation. But mentioning this Act might provide you with some leverage over your employer. You would likely qualify for Unemployment Compensation, but bear in mind that there is a waiting week before you get paid, so if the "short period of time" is a week or less you would not be intitled to any compensation. It is also important to understand what your job is, the essential functions of the job and the impact your limitations have on your ability to perfomr the job. For instance, does the restriction involve your dominant hand? Does your job require extensive use of the injured hand?

You should talk to a lawyer, who would be likely to give you a free consultation or one at a very reduced rate. Contact from a lawyer, raising the right questons/issues might encourage your employer to reconsider its decision.

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Answered on 3/29/10, 3:42 pm


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