Legal Question in Employment Law in Pennsylvania

FMLA & Unemployment

After being approved and receiving unemployment for 11 days, based on my doc wanting more tests and consults for a medical condition and stating that I could work, just not driving the truck, I was told by my dispatacher to apply for unemployment. The company had no light duty work available and the doc did not want me behind the wheel. Unemployment was approved, I collected for 11 days and am now back to work. The corporate office of my freight company is trying to FORCE me to sign forms to take 11 days from Family Medical Leave Act, in spite of the fact that I received unemployment for those 11 days off. Can they force me to sign FMLA forms, reducing my 12 weeks that would be available later in this calendar year if and when I need it, even though I got paid by and was approved for unemployment and am now back to my regular job?

Asked on 2/12/09, 6:37 pm

2 Answers from Attorneys

Terrence Valko ERISA Disability Lawyer

Re: FMLA & Unemployment

Take this up with the union. If you have no union, get one and until then the general rule is: the employer can throw you out on your derrier without a job.

Sign the papers already.

Unless loading/unloading is an issue, there is no way to modify the essential duties of a truckdriver.

If there is something not disclosed in your Q which you feel is important, spend the $50 an initial consultation costs, and receive a detailed answer.

Good Luck.


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Answered on 2/13/09, 5:40 am
William L. McLaughlin, Jr. McLaughlin Law Offices

Re: FMLA & Unemployment

Yes, you were out of work for the 12 days and you were receiving a benefit.

One has nothing to do with the other.

Bottom line, the employer was not paying you.

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Answered on 2/13/09, 7:57 am

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