Legal Question in Disability Law in New York

Hello I have a question about disability law/workplace. My friend is 6months pregnant and does a job that involves a lot of lifting. She works FT, has been at the job for 2 years plus now, and was working ft up until a couple of weeks ago when her doctor gave her a note saying she could not lift more then 30 lbs. With the job we both do that is a physical impossibility and her employer cannot offer her light duty and she was taken out on disability by her doctor, who filled out the appropriate forms and the forms, along with a doctor's note were provided to the employer. The employer told her she needed to submit a letter to them stating she was requesting a leave of absence. She is not however requesting it, she was taken out of work due to restrictions with the pregnancy. She has now received a certified letter stating that if she does not provide a letter stating she plans on taking a leave of absence that her position cannot be held, and not notifying them or letting them know she would be gone longer then two consecutive shifts constitutes a voluntary resignation and she will be taken off payroll and fired. She spoke with NYS disability and was advised not to provide a letter when they first requested, the rep she spoke with stated that it was possible they wouldn't have to pay the disability benefits or take her out on disability if she put in writing that it was voluntary and she was asking for the time off. Can they make her put a letter in asking for time off which then puts her in the category of unpaid leave once her ATO is paid off, or is it illegal for them/loophole around disability law? I told her not to put the letter in until she consulted with a lawyer or spoke with disability again. They are pretty much telling her if she doesn't submit a letter stating her intent to take a leave of absence that she will no longer be an employee, but if she does she could end up without any benefits or pay?!? any suggestions?


Asked on 7/27/10, 10:25 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Your friend has rights as a pregant employee; if her doctor said she should be on light duty and the company wont allow it, she should speak to an attorney about commencing a discrimination proceeding against them. I would be happy to discuss the remainder of the issues with your friend as well.

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Answered on 7/28/10, 8:05 am


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