In Pennsylvania, we do not have a law that protects you from termination if you or a loved one becomes disabled. However, if you have worked full-time for an employer for more than a year, and the company has more than 50 employees, you may be eligible for Family and Medical Leave under Federal Law.
By the way, this federal law applies not just to Pennsylvanians, but to all employees working in America. Thus, while this Blog is directed at Pennsylvanians, it in fact is applicable to persons employed in America, with one caveat: Some states may have leave rights that are more generous than those provided under FMLA (PA does not). However, a state is not permitted to offer less protection than is provided for under FMLA.
NORRISTOWN, PA FAMILY LEAVE ATTORNEY
Under the Family and Medical Leave Act, you are entitled to 12 weeks of leave per year to care for yourself or a loved one who has a serious health condition. In general, a serious health condition is one that requires a visit to a doctor, or an absence from work of more than three days. In Pennsylvania, if you take FMLA Leave and return to work within 12 weeks, you are entitled to full reinstatement to your former job, or at least to a comparable position.
MEDIA, PA SHORT TERM DISABILITY LAWYER
While FMLA protects your right to a job, it is unpaid leave. If you have a condition that requires you to be out of work for more than 1 week, you should apply for Short-Term Disability payments if the company has insurance for such. In Pennsylvania, you can get Short Term Disability payments while out on FMLA Leave.
PHILADELPHIA LONG TERM DISABILITY ATTORNEY
Generally, Short Term Disability pays you for 6 weeks of lost wages. If you are still unable to work after a period of 6 weeks, you can file a Long Term Disability claim. In Pennsylvania, you can get Long Term Disability payments while out on FMLA Leave.
PENNSYLVANIA WORKERS COMPENSATION ATTORNEY
If your absence is the result of a Workers Compensation injury, the rules are a little different. In Pennsylvania, you are still entitled to FMLA Leave even if it results from an on the job injury, but you cannot get Short or Long Term Disability payments. Instead, your wage loss is covered by the Workers Compensation insurance policy your employer has.
PHILADELPHIA AMERICANS WITH DISABILITIES ACT ATTORNEY
Under the ADA, if you have a disability that precludes your ability to do your job, you should seek a reasonable accommodation. Remember, seeking Long Term Disability benefits in Pennsylvania may affect your ability to argue that you could complete your job if given a reasonable accommodation.
PHILADELPHIA RETALIATION ATTORNEY
If you need to miss work due to a doctor's appointment for yourself or a loved one, or because you or they are ill for 3 or more days, you may be entitled to FMLA Leave. If you request or take such leave and you are thereafter disciplined, demoted, suspended, terminated, etc., than you would have an excellent claim for unlawful FMLA retaliation. Take the time you need to care for yourself or your loved ones. Keep the company closely apprised as to what is going on. If they retaliate against you, call our office, or that of another qualified employment lawyer.
Want more information? Call 610-647-5027, e-mail me directly or send an e-mail inquiry via the "Fill Out My Form" box to the upper right of this page. We will respond promptly with an analysis of your situation, and discuss potential options going forward at no charge to you.
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