Questing regarding FMLA denial/possible termination

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skullman80

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Jurisdiction/Place: USA - Pennsylvania.

I have worked for my company for almost 6 full years now full time, they are a company that employs over 45,000 employees nationwide. I recently had an issue with my blood pressure that caused me to go to the ER. I was out for approx 5 work days overall, after leaving the ER and being prescribed medication etc.

I then returned to work the next week, later that week my symptoms came back(naseua/dizziness etc) along with my blood pressure going back up to unsafe levels, this caused me to miss the following week of work. So I basically was off a week, returned to work, and then was off another 5 days. I did followup with my doctor the 2nd week I was out and my medications doses were strengthened because my blood pressure had still not come down.

So because of my absence I filled for STD/FLMA. Now I knew that my STD claim would most likely be denied since I wasn't out for 7 days consecutively, but I figured FLMA claim would be approved due to what was going on. I recently get an update via email that both my STD and FLMA was denied. I can appeal, and plan to do so, since I have documentation from my doctor etc explaining the reasoning for my absence.

My questions is since the time I was away from work would be considered "unexcused" until I go thru with my appeal for FLMA, would my company be in the right if they fired me before my appeal process went through. If so... and I was terminated do you think my chances for unemployment would be fairly good?

Just trying to figure all of this out.

Thanks for any help/advice.
 
This is an old thread & situation I'm sure is resolved by now. Answering based on info in post & for reference purposes.

It would not be a good idea for your employer to fire you before your FMLA appeal. The thing is if you win (seems like "might be" FMLA leave), you could have grounds for a wrongful termination. You can't be terminated just for taking FMLA leave.

Re UI (if you were terminated) - you most likely would be approved though the state makes the final decision. It's possible your employer may not terminate you even if you would happen to lose your appeal - I don't know your company's absence policy though.
 
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