Replaced after injury

UPDATED: Sep 30, 2022

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Replaced after injury

I work for a consulting company. I recently broke my leg and would miss several
weeks work. The company I was placed at replaced me when I notified them of the
injury. Are they allowed to do that?
State PA

Asked on December 20, 2016 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if you miss work, even for a medical reason and do not--
1) Use earned paid time off (PTO), like sick or vacation days, to cover the absence; and/or
2) Are eligible for and use FMLA leave for the absence (which means the company has at least 50 employees located within a 75-mile radius, you worked there at least one year, and worked at least 1,250 hours in the past 12 months--and applied for or told them you'd be using FMLA leave).
FMLA is the legal protection who someone who can't work (for up to 12 weeks) due to injury or illness. If you don't qualify for that protection and don't use PTO, your absences are unauthorized and the employer may legally terminate or replace you.

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 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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