Legal Question in Disability Law in Pennsylvania

Termination while on short term disability for cancer surgery

My wife was diagnosed 3 weeks ago with a malignant cancer of the mouth and required surgical removal. She took a 3 week short-term medical disability leave from her employer, a large University hospital. Upon medical release and return to work, her employer notified her that she was terminated while on she was in the disability period. She has been working there for 7 months. Is this legal?


Asked on 6/13/00, 4:38 pm

1 Answer from Attorneys
Richard O'Neill The O'Neill Law Office

Re: Termination while on short term disability for cancer surgery

It depends. Your wife will not fall under the Family Medical Leave Act because she did not work 12 months for the employer. But you might have some rights depending on how the employer treated other people who took short term disability. If the employer let them take the disability, but not your wife you may a case against them. You only have 180 days from the time of termination to file a claim in PA. Talk to an attorney ASAP.

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Answered on 9/12/00, 8:41 pm


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