Legal Question in Medical Leave in Pennsylvania
Equality among workers
In 1998 I was granted short term-disability and F.M.L.to run consecutively. As recently as Aug. 31, 1999 so were 2 other employees. Now I am advised that our employer has changed "their mind" and decided to run them concurrent. I know this is allowed under the act but don't they have to treat all employees equally?
1 Answer from Attorneys
Re: Equality among workers
An employer has the right to change, but what you need to examine is what is the reason for the change. Is the change company wide or are they trying to single out some select employees? If the change is company wide or an overall policy change then it might be permissible. But, if the company is doing this to prevent a certain class of individuals from benefiting from this leave then this action might be discriminatory.
Generally an employer's action is illegal if it discriminates against certain individuals by treating them differently from others. But unless the reason for the different treatment is an illegal reason an employer can treat employees differently. (Of course if there are union agreements this is different--the foregoing statement applies generally to Pennsylvania, an at-will state.) For some more information about discrimination and employment law check out my website:
www.reolaw.com/Employment/basicfacts.htm
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