A recent car accident left you with injuries severe enough to keep you out of work for a while. You want to get back to your regular day-to-day life, but will you have a job to go back to once you recover?
Learn whether your Pennsylvania employer has the right to terminate your position during or after your recovery. One favorable way to protect your rights is knowing what they are.
The Family and Medical Leave Act
If your employer has more than 50 employees and you worked at least 1,250 hours in the last 12 months, you have job protection under the Family and Medical Leave Act. Under the act, you have 12 weeks of unpaid leave that you can use to recover. During that time, you have job protection.
Returning to work
After your FMLA leave, you can return to your regular job. If your injury prevents you from working that position, your employer may set you up with one equivalent in location, pay and benefits. Your doctor may advise you to work part-time or a different position, depending on your physical limitations during and after your recovery.
Say that you do not use your full 12 weeks of leave, but you must attend physical therapy or medical appointments after returning to work. If so, the time you take off counts toward your remaining leave.
FMLA constraints
The FMLA does not guarantee your old job when you return to work. Your company may lay you off, which may have happened regardless of your injury.
If the FMLA does not apply to your company, you may keep your job if it makes financial sense for your company to hire a temporary worker and divide your job responsibilities among co-workers while you recover. This all depends on your value to your employer.
