Legal Question in Medical Leave in Pennsylvania

Working from home

I have MS and I would like to know the law concerning working from home when I am too ill to come into the office. My employer says that it is not an option yet there are other people set up to work from home, and they have no illness.


Asked on 8/10/07, 3:16 pm

2 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

Re: Working from home

I concur with the other posting . your remedy assuming your employer has the requisite number employees would seem to be under the ADA. There are time periods that must be followed to pursue a claim. You should consult with an attorney immediately. if you like to schedule a consultation with my office you can contact me.

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Answered on 8/13/07, 11:15 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Working from home

You asked about the Family Medical leave Act.

Wrong statute. FMLA is used when a person needs to use unpaid leave.

You need to look at using the Americans with Disabilities Act. This act provides that covered employers must make reasonable accommodations for otherwise qualified but disabled employees who need such accommodations to fulfill their employment responsibilities. MS is quite assuredly a disability.

You need to speak with a lawyer immediately that will instruct you on how to seek out and enforce your rights under the ADA. When done properly your employer should not see any decline in productivity.

Regards,

Roger

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Answered on 8/10/07, 9:04 pm


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