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