Legal Question in Disability Law in New York

Re: Short Term Disability

This is a good question. The employer's arguments are without legal consequence. They are frivolous. But you must still work with this man, so they count for something and must be dealt with. A letter or telephone call from an attorney may be sufficient to end this friction.

However, we also need to ask about the employment contract. Is the time counted as (1) absence without pay, (2) sick leave or (3) compensated disability time. It is likely one of these three.

If it is (1) then the employee can still be paid for the time by taking it as vacation time.

There is more to talk about in this case, but this is supposed to be a short answer.

For example, there is an issue of harrassment under the Human Rights Law by the employer for his actions (NY Executive Law, section 294).

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Re: Short Term Disability

The employer has a point, the employee has a point. There is BOUND to be legal authority on this question.

Employers often use out of work behavior to justify refusals to provide unemployment coverage, and there are insurance detectives who specialize in rooting out false claims. So, your flight out of state, does smack of taking advantage.

HOWEVER< if your doctor did not release you to work, the employer (while it has the right to challenge the doctor's opinion), cannot simply decide for itself that you were well-enough to work.

Challenge the vacation, but recognize that you might be better off in the long run using the vacation time, or agreeing to split the difference.