Can my job actually fire me if I was told not to work by my doctors?
location: PA
my state job (PA commonwealth) sent me a letter saying i don’t qualify for fmla because i haven’t worked there long enough yet and need another two months before i’m eligible. because of that, the medical leave for 6 weeks my doctors told me to take is being put in as unpaid leave instead.
my doctors have already faxed over my notes and paperwork supporting my leave. i was recently in a car accident which gave me a severe concussion and i’m still going through medical testing, including upcoming mris, mras, and other appointments like physical therapy because of ongoing health issues that were exacerbated by the accident.
what’s freaking me out and confusing me is that the letter says employees on leave without pay have limited rights to return to work. when i’m cleared to come back, i only get my job back if there’s a position available. if there isn’t, my employment can end. I also was expecting to get paid by the end of this week since i do have PTO, i had no idea i wouldn’t be getting paid during this.
i didn’t just decide to stop working or take time off for no reason. i’m following my doctors’ recommendations and trying to deal with my health, and now i’m facing being unpaid and possibly not even having a job to come back to when i’m better. i’m apart of a union at my job and im thinking about bringing this to them but im just so confused. is there anything i can do? am i misunderstanding this?
this is what i was sent in the mail;
“Your absence does not qualify as leave under the Family and Medical Leave Act (FMLA) and cannot be approved. After commencing leave without pay (LWOP) absence, employees have limited return to work rights. Notify this office when you are released to return to work so that we can determine if there is a position available. If a position is not available, you will remain on LWOP absence until a position becomes available. If no position becomes available, your employment with the commonwealth will end at the exhaustion of the LWOP absence entitlement. If you do not act by July 14, 2026, you may lose your rights to LWOP absence and the absence may be charged to absence without leave (AW), which may include disciplinary action up to and including termination.”