Philadelphia Employment Law News

March 2013 Archives

On-the-job injuries can leave you unable to work for weeks on end. Workers' compensation is intended to help you get the care you need and make ends meet while you're on the mend. However, for the uninitiated, navigating the workers' compensation system can be a bit overwhelming.

While it may be the last thing you feel like doing after suffering a serious injury, it's important to take steps to protect your interests as soon as a workplace injury occurs.

Here are some steps to consider taking after you're injured on the job, in order to claim workers' compensation benefits:

How At-Will Employment Works in Pennsylvania

Most workers in Pennsylvania are considered at-will employees.

This basically means that you have no legal right to keep your job. So unless you have an employment contract that guarantees your job for a specified period of time, you can be fired for any valid reason.

And employers generally have no obligation to give you any advance notice. So they could, in fact, tell you to pack your bags today.

What Payroll Records Do Employers Need to Keep?

Employers are required to maintain certain payroll records under the Fair Labor Standards Act (FLSA).

Failure to comply with these requirements can lead to fines and even jail time.

That may sound ominous, but keep in mind that most employers may be complying with these requirements even unintentionally. Generally, the Department of Labor only mandates that these records be accurate.

How Am I Charged for My 12 Workweeks of FMLA Leave?

You get 12 workweeks of FMLA leave. But as you may know, 12 workweeks of time off leaves plenty of room for interpretation as to exactly how much time you get off. This is especially true when you have already taken some time off in the year.

The general rule is that you are charged leave for your actual usage, according to the Department of Labor. So if you take leave for one full workweek, you will be charged one workweek.

On the other hand, if you take intermittent leave or only need two days off in the week, you should only be charged for that proportion of that workweek for which you take time off. For example, if you only take one day off in a five-day workweek, you should be charged one-fifth of a workweek only.