CanI be fired for not returning to work under doctors orders for light dutyif thejob requires full duty?

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CanI be fired for not returning to work under doctors orders for light dutyif thejob requires full duty?

I was diagnosed with Legionaires Disease in August and have been out of work since then. My FMLA ended and my leave of absence ends on 12/24 through my employer. To return to my job I must be cleared by doctors with no restrictions and must be 100%. My doctors have only cleared me to light duty. Will I qualify for unemployment or do I have another route to prevent loosing my job?

Asked on December 22, 2010 under Employment Labor Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In order to qualify for unemployment you must be let go from your job through no fault of your own.  That is the generally standard used by all states.   When you say your leave from your job what do you mean?  FMLA generally means without pay.  Did you take sick time or vacation time or unpaid leave through your job?  Or has this been a form of disability because that may be the route you need to go here: temporary disability.  I would sit down and speak with your HR people and with a disabilty attorney on the matter.  The waters here become a bit muddled at times and it is best for someone to be able to see what you have received thus far to know what you are entitled to in the future.  Good luck.


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