Asked in Philadelphia, PA , on Jun 20, 2014
On a Sunday I fell and hurt my arm/wrist. Went to te ER and got medication/xrays. diagnosis of sprained wrist/elbow with instructions to see specialist. Called pcp next day for referral, was told to come in. Went to pcp office that day ,referred to the ortho specialist. Went to the ortho specialist next day (Tuesday) and received brace , medication. Returned to work (me-f week) on wendsday. My employer counts all unscheduled absence as an “occurance” on a rolling calendar year with disciplinary action taken for three occurances. I requested fmla through the companies third party fmla approval service -unam. My specialist filled out te fmla paperwork stating I was there and revived treatment And I attached ER and pcp verifications.unam said not approved Is this legal? Can I appeal?
Answered on Jun 21, 2014
You can also think about workers compensation. If you had any restrictions that would have made you unable to do your job duties, you might not even be required to come in and they would be required to pay you. Also, if they terminated you, especially due to taking time to treat after an injury, they would be required to keep paying you until they proved a number of things. There is a presumption it sounds like you would enjoy, as it sounds like you had some obvious limitations if you were let go.