Legal Question in Employment Law in Pennsylvania

My husband was in a motorcycle accident

My husband was in a motorcycle accident back in February, he fractured his jaw and knocked out teeth. His jaw has finally healed and is ready to begin the reconstructive process of his teeth. His employer is going to penalize him for taking time off work for dental procedures which require general anesthesia, even if he gets a FMLA form filled out. Is this legal? Both his oral surgeon AND the dentist have both said they will fill out any paperwork to help us.


Asked on 6/21/07, 11:51 am

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

Re: My husband was in a motorcycle accident

You asked about Family Medical Leave Act leave from an employer.

FMLA does not cover all employers or employees. Look at the law to see if your husband _and_ his employer are covered by the law. If both parties are covered then it is unlawful for an employer to take any negative action against an employee for utilizing FMLA leave.

You should speak with an attorney regarding the specifics of this situation.

Regards,

Roger

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Answered on 6/21/07, 12:08 pm


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