I am having an elective procedure done and my employer is insisting that I take short term disability even though I have accumulated enough paid leave to cover it. In the state of Pennsylvania is a employer allowed to insist on this?
Thank you for your question. I am a Pennsylvania licensed professional and will do my best to assist you with your concerns.To answer your question, there is no law that requires the employer to insist on disability, however under FMLA guidelines before you would be eligible for any benefits, you have to utilize all you paid leave first. At the same time the employer CAN insist on such disability especially if the leave in this instance may be significant. The reason the employer can insist upon it is because there is no law under PA codes that would consider the employer's behavior as somehow violating state code. If it is not against the code, it is permissible.Good luck.
So by law I can use my paid time off first then go on disability. My corporate office is in NJ and I think that might be their law. Right now I have 4 weeks of leave I could use. I do not want to use disability
Thank you for your follow-up, Virginia.That is correct, you CAN use your earned time off first, and the use of disability is not a requirement, it is simply policy of your company office. Good luck.
so if it is company policy I have to abide by it
Thank you for your follow-up.If it is company policy, you do not have to abide by it, but that of course gives the employer the right to take some manner of recourse against you, and potentially pursue your job if the employer is serious enough. Since the request on their end is lawful, should they sever contact with you, it would be considered a valid and a legal 'for cause' termination. Sorry about that.
Thank you but I think i'm screwed
I am sorry about that, truly. I just have to give you the facts as they stand, even if they are not really in your favor.Good luck!
thank you for all your help but if you can come up with anything i can stand against them, i'm open
should i fight this
Thank you for your follow-up, Virginia.My apologies on the delay I was offline with family. To answer your question directly, I truly cannot tell you whether or not to fight this or not, as I am not your attorney. At best I can provide you with information so that you can make your decision one way or another and then go at it with the most educated perspective. But whether or not your should is really up to you--I truly do not see what you wish to accomplish if the employer is still going to cover your employment, and you save on your days off which you can take off later. So in that sense I am unable to see any sort of direct injury for you.Good luck.
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