employer filed an appeal in PA

by April

I was fired after 13 years with reason being attendance.I have an approved FMLA condition but had used my 1250 hours.There is a progressive attendance plan. 1 day of absence was the incident which would have been fmla approved if i had the hours.. I also have doctor and all paperwork to substantiate this.... I also had requested an unpaid leave to attend rehab treatment before they fired me. Is this going to affect the outcome??

Hi April,

The one thing that sticks out in your account that would I would ask questions about is this part:

"1 day of absence was the incident which would have been fmla approved if i had the hours".

That implies that there was more than one absence and that there were other absences not related to a health issue or being ill. That could make a difference for you.

I assume you received a copy of the appeal letter. Employer appeal letters come in two forms. They are either very generic or they are very specific and they may provide "documentation" which although should have been provided with the claims response, will be added to the state file for the hearing.

You need to go down to the office to view the file to begin your preparation for that hearing if you have not done so already.

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