Legal Question in Disability Law in New York
Returning to work from short term Disability leave
I am trying to return to work from short term disability in NYS. I tried calling my employer to return to work and was ignored for three days, and they never returned my phone calls. I finally got ahold of the office manager of the neurology center where i work, and was told, there was no place for them to put me, and that I can work only part-time from 10-2, from my usual 8:30-5 full-time position which I been doing before my surgery. I only been out of work from surgery for 3 months. I am 50 years old and have a mortgage and a 14 year old daughter. I cannot afford my mortgage and bills on disability and want to return to work to help my situation. IS IT LEGAL TO HIRE ME BACK ONLY PART-TIME, WHEN I HAD A FULL-TIME POSITION AND AM CAPABLE OF RETURING BACK FULL-TIME?? This is also causing me to lose half my income, along with my house, due to part-time working status. Please help me with this question, as it is very important to me andmy daughter.
Thank you
2 Answers from Attorneys
Re: Returning to work from short term Disability leave
Did your employer state why it could not return you to full-time employment? Also, are you physically able to do everything that you could previously do on the job? I'm sorry to hear about this situation and I would like to hear more.
Re: Returning to work from short term Disability leave
You are right: disability stinks!
But you need to research this carefully. If you return to work and fail, then you may become ineligible for disability. In addition, if you work part time you will lose the disability.
There is a particular NY State agency that may be able to provide substantial help: VESID.
Good luck.
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