What can be done if my husband was hospitalized 2 months ago for a heart attack and by-pass surgery and now he has just been terminated from his job?

His boss was fully aware of the situation and even visited him in rehab. My husband contacted his boss yesterday to let him know he has been released to go back to work next month. His boss told him he was replaced last month and that he sent an email. We never received it; his is totally unexpected. Can his boss fire him like this?

Asked on December 17, 2015 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, if your husband was out of work without using either paid time off (e.g. sick days) or FMLA leave to cover the absence, he may be terminated: the law does not allow employees to miss work without using FMLA leave or PTO, and does not require employers to hold jobs for people who miss work, even if the cause was a medical condition.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.