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

Answers:

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.


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