Can terms of job elimination/severance be changed while on medical leave?

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Can terms of job elimination/severance be changed while on medical leave?

I was notified of job elimination in 07/10. The paperwork states that I must be an active staff member as of 4/31/11 (a non-existent date) to receive severance pay. A medical condition may warrant taking medical leave ASAP. Would being on medical leave make me inactive?

Asked on March 22, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You should consult with an employment attorney first, if at all possible. The short answer is, the law does not set forth who is an "active employee" and it also does not require any payment of severance whatsoever. Paying severance, and the terms under which it is paid, are voluntary for companies, which means they can set the terms and conditions. That said, once they set policies, they generally are bound by them (and also can't discriminate in certain ways, such as against employees with disabilities, or against a racial or religous group, a sex, or employees over 40). Therefore, the answer to your question depends on the policies your company has set, and an attorney can review all the relevant handbooks, correspondence, documents, past precedents (what, if anything, the company has done before in similar situations), etc. and help you understand your rights.


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.

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