Can an employee be fired while on doctors no work order

On Nov. 5th 2003 My fiancee was in an auto accident resulting in a severe neck fracture and was told he could not return to work untill he was cleared by a nuerosurgeon. We have an appointment for Thursday the 13 to see one and today (Nov.10th 2003) His employer called him to tell him that if he did not return to work on Wensday that he was terminated because the are short staffed and would need to replace them. So my question is can they fire him while he is on a Doctors order not to work?

1 answer  |  asked Nov 10, 2003 3:26 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold

I cannot evaluate your question fully without knowing more facts; however, the answer is "possibly."

The answer to your question most likely lies in whether your fiancee's employer is bound by the Family Medical Leave Act ("FMLA"). Does his employer have 75 or more employees? If so, then they are likely bound by the FMLA, and are required to give him 12 weeks of unpaid leave if he requests same. Otherwise, the employer may be able to terminate your fiancee for not returning to work, regardless of the reason. If your fiancee cannot return due to genuine medical reasons, he would likely be able to collect unemployment compensation.

Regardless of whether they are covered by the FMLA, your fiancee should look into any disability insurance provided by the employer ASAP, as it will likely be terminated by Wednesday.

If you have further questions, please feel free to contact me at the below telephone number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Nov 10, 2003 4:11 PM [EST]

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