Denied in PA after FMLA leave and dr. not authorizing return to full duty

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Denied in PA after FMLA leave and dr. not authorizing return to full duty

by Jennifer
(Pennsylvania)

My husband had a back injury for which he was placed on FMLA with a dr. excuse. He gave the 1st excuse to his employer in May. He later spoke to his employer after being re-evaluated and told them he was still unable to return to full duty per his doctors orders. They did not mention to him that he needed a second excuse from the dr. He had already received all of his FMLA paperwork and there was a copy of the company policy that stated he was not able to return to work until he was completely cleared of all restrictions. He filed for unemployment and was denied because he did not give his employer a second excuse. He just had his appeal hearing today and the notice they sent him stating they needed an updated excuse was sent certified and signed by "mailman Sam". My husband never received this notice and when he was asked by unemployment in September to get an excuse from his dr. saying he can perform light duty work (which his company does not allow), he was able to obtain it without any problem stating he was able to perform light duty as of July. Does he have any chance of winning his case?

Hi Jennifer,

Can you tell me how the referee was acting when it was learned that the receipt for the certified mail said "mailman Sam"?

Did he ask any questions about that?

By the way, let me tell you what my experience is with PA unemployment and employer's who will not accommodate medical restrictions until fully cleared. You can collect unemployment until you are fully cleared or if your employer terminates you.

The problem for your husband is whether he is believed that he never received that piece of mail.

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Denied in PA after FMLA leave and dr. not authorizing return to full duty

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Jul 14, 2011

fmla and unemployment
by: Anonymous

My wife and I recently had a baby in march and she asked to take FMLA leave. This was not a problem with her job and all necessary paper work was filed. She had told her job that she would be taking a little longer than twelve weeks and was told that it would not be a problem. Actually, she is to start back to work now that she has written doctor. Before her FMLA leave was up her job asked her to get a doctor's note saying she could return to work. this took a little longer to obtain since the doctor took a vacation . she was also told by the doctor that her stitches were not completely healed and that she could not return to her duties as a server. After her 12 weeks was up she was sent a note that said she was fired for not coming back to work right away. her boss at work later told her it was a formality and assured her that she is still employed and is going to work next week . is it ok for the company to appeal her unemployment. they already gave her $2500

Yes, it is an employer's right to appeal benefits when allowed as it is an employee's to appeal when denied.

The appeal is all about the responsibilities involved when one is unable to return to work .. on their return to work date.

The one thing you can be sure of is that only the appearance of formally ending the employment relationship is the end of at least one term of her employment. If she starts next week .. I would think it would be as if she were just another new employee.

Do you not find it curious that the employer is protesting her right to unemployment if it was just a "formality" to end her employment in the first place?

Personally, I know it is par for the course ..

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