Can You Be Fired While on Medical Leave in Pennsylvania? Know Your Rights
Dealing with injuries or a serious illness is difficult enough without having to worry about whether your job will still be there when you recover. If you’re currently on medical leave in Harrisburg and fear your employer may let you go, you’re not alone in that concern.
Can you be fired while on medical leave in Harrisburg? The answer is complicated, and it depends on several factors specific to your situation. Our experienced Harrisburg labor and employment lawyer explains how state and federal laws apply and what to do if you suspect a wrongful termination.
Harrisburg Medical Leave Protections Under PA and Federal Law
Pennsylvania is an at-will employment state. Employers in Harrisburg can generally terminate employees for any reason or even for no reason at all. However, federal law places important limits on that authority when an employee is on protected medical leave.
The Family and Medical Leave Act (FMLA) is the primary federal law governing medical leave protections. It entitles workers to as much as 12 weeks of unpaid leave per year and prohibits firing an employee for taking FMLA leave or retaliating against them.
Other situations where Pennsylvania workers may have legal protection against termination during medical leave include:
- Being absent due to a disability covered under the Americans with Disabilities Act (ADA).
- Recovering from a work-related injury while receiving workers’ compensation benefits.
- Taking leave that is explicitly protected under an employment contract or collective bargaining agreement.
- Exercising rights under an employer’s own written medical leave policy.
Unfortunately, employers still sometimes use medical leave as an opportunity to eliminate positions, restructure teams, or push out workers they view as a liability.
What to Do If You Believe You Were Wrongfully Terminated in Harrisburg
When a termination occurs shortly after a medical leave request or a return to work, it can raise serious questions about the employer’s true motivations.
The Equal Employment Opportunity Commission (EEOC) requires U.S. employers to provide reasonable accommodations when an employee has a qualifying disability, before resorting to termination. Skipping that process can itself constitute a violation of federal law. If you suspect an unlawful termination, ways to protect yourself include:
- Keep copies of communications with your employer regarding your leave, medical leave request, and termination.
- Request a written explanation of the reason for your termination.
- Gather records of your leave approval, medical certifications, and any performance reviews.
- Note whether similarly situated employees without medical conditions were treated differently.
This situation can be overwhelming to deal with alone. Get professional legal help, particularly before signing any severance agreement or release of claims.
Contact Our Experienced Harrisburg Labor and Employment Lawyer
It’s difficult enough dealing with the aftermath of a serious injury or illness in Harrisburg. Losing your job on top of that makes recovery even more difficult.
At Ira H. Weinstock, P.C., our experienced Harrisburg labor and employment lawyer protects your rights to compensation. If you were fired during or after medical leave, contact our office today and request a consultation.
Sources:
pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/labor-law
dol.gov/agencies/whd/fmla
eeoc.gov/disability-discrimination
