QUESTION
Can employer fire you when your in the hospital if you called the office and spoke to whoever was in charge?
Asked on Dec 07th, 2012 on Discrimination - Pennsylvania
More details to this question:
I called out of work that morning because I was being admitted in the hospital and when I called off I explained to them that I was being emitted I don't know how long I'll be I wont have my cell phone but as soon as I know what going on I'll call. then when I called to tell my supervisor my discharge date she told me she already processed my termination papers because they thought I was a no call no show when I specifically spoke to someone in charge and told them the situation
1 ANSWER
Litigation Attorney serving Media, PA
at
Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C.
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The answer to your inquiry depends upon the nature of the reason for your hospital visit, whether your employer was covered by the Family Medical Leave Act, and whether you were an FMLA-qualified employee. If the reason for your hospitalization was serious enough, your employer was covered by the FMLA, and you were an FMLA-qualified employee, then your termination on the basis that you were hospitalized may constitute a violation of your FMLA rights by the employer.
I would be happy to speak with you about the details of your specific situation. Please feel free to contact me directly at your convenience.
Michael J. Davey, Esq.
Eckell Sparks Law Firm
mdavey@eckellsparks.com
(610) 565-3700
Answered on Dec 08th, 2012 at 9:48 AM