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?
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.
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