Legal Question in Medical Leave in Pennsylvania

My wife is an emergency room physician and recently asked for FMLA to attend to her mother who is dieing of cancer. She was denied because they claim that workers like her are not covered by FMLA. We are not sure if they are referring to doctors specifically or in the emergency room. Is this accurate?


Asked on 5/02/10, 3:30 pm

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

Perhaps she is part time and has not accrued enough hours in the previous year? The US Dept of Labor maintains an excellent web site regarding the FMLA. It includes and interactive module to help deterine whether you are covered. It sounds like you can confirm elegibility there and get the ammunition you need to deal with hospital HR. Using the site will be far more economical and hopefully resolve the matter without needing to hire an attorney. If the hospital persists in what you believe to be an incorrect application of the law consider enforcement through the DOL or hire a private attorney.

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Answered on 5/08/10, 12:35 pm


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