An employee receiving short or long-term disability benefits cannot be fired while exhausting time off from work afforded by the Family Medical Leave Act (FMLA). However, as FMLA leave comes to a close, an employee must choose their next step carefully, according to Philadelphia employment lawyers. That is because an employee who extends their leave beyond what is guaranteed to them by the FMLA can have their employment terminated on the basis of excessive absences.
In order to qualify for FMLA coverage, employees must have worked 1,250 hours the preceding year and for at least one year, total, for their current employer. The FMLA does not apply to all employees and employers, however. Companies with less than 50 workers are not bound by the statute. FMLA benefits are available to qualifying employees who take time off from work to deal with a medical issue, such as the birth of a child or recovery from surgery. Moreover, an employee can invoke the FMLA to help provide care for a sick or injured family member.
FMLA time off from work is unpaid, but can be taken concurrently with disability leave benefits administered on a short or long-term basis. Employees who are terminated on the basis of an inability to return to work at the conclusion of their FMLA leave may still be entitled to protection under the Americans with Disabilities Act (ADA). When an employee is capable of performing a modified job duty or capable of working with certain accommodations in place, employers are forbidden from firing the employee on the basis of their disability. The ADA applies to all companies with a workforce of 15 or more employees.
Philadelphia Family and Medical Leave Act Claims Lawyers at Sidney L. Gold & Associates Represent Wrongfully Terminated Employees
Employees who invoke the protection of the FMLA should pay close attention to the calendar. If an employee suspects that they will be unable to return to work at the conclusion of their leave, it is important to begin establishing the existence of a disability covered by the ADA. For over 40 years, our Philadelphia employment lawyers at Sidney L. Gold & Associates have represented unfairly terminated workers. If you believe you were fired because of a disability, call 215-569-1999 or contact us online to schedule a free consultation in our Philadelphia offices, where we serve clients throughout Southeastern Pennsylvania as well as New Jersey and New York.
