Legal Question in Disability Law in New York
Need to Know My Rights PLEASE
I will be out on disability more
than 12 weeks (14) when both my treating physicians and disability insurance carrier agree it will be ok for my to return to work My company's FMLA policy ''gurantees'' me a position only to 12 weeks. although I have contacted my HR department in writing
asking what will occur when I return to work since it will be 14 weeks; asked if I will be welcomed back, offered an exit package, only response is that they will adhere to the FMLA.
What are my rights? Do they need to advise me in advance if I will not have a position when I return. Am I entitled to severance or can they just fire me? I will be with this
company 7 years this August; co. is lrg. & in Little Neck, NY. My injury is spinal: 3 herniated discs with bone spurs in the lower Lumbar. There are further complications to this injury which may also affect
this: I fell on company property twice since 1992 and filed reports and received treatment through worker's comp. I'ts entirely possible that the bone spurs and weakening of my spine are a result of these two falls. I have not pursued worker's comp-my company ''put me out on disability'' citing that I was a liability and that I will not be allowed in the bldg.; back to work w\any restrictions
2 Answers from Attorneys
Re: Need to Know My Rights PLEASE
Your company is not required to tell you anything other than the minimum that is required under the law. In your case, it is the FMLA policy. Do not confuse disability leave with the FMLA. For your own protection, get in touch with an attorney before you a decide on taking an FMLA absence.
Re: Need to Know My Rights PLEASE
You stated that you've been with the company for 7 years but then stated you've fallen on company property twice since 1992, which is 15 years ago. Perhaps you can clarify this.
In the event that you are terminated (which is a distinct possibility considering the circumstances), you should retain counsel to advise you. My firm handles severance situations such as this. You can contact me at [email protected]
Good luck!
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