Legal Question in Medical Leave in New York

Fmla

I was on FMLA for a serious back injury and returned to work. I now need an operation to correct the damage. I had scheduled my surgery but then my employer asked me to stay as there was another employee in my department out on maternity leave.

I am now being told I have to wait a year to use FMLA again. Question:

Is it a year from the date I returned to work from my injury or a year from my anniversary date of employement? Can the employer terminate me upon my return?


Asked on 7/31/07, 1:32 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Fmla

An eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period. Therefore, the timeline would run from your return to work following a prior FMLA leave.

If you are unable to work, you should request the forms for short-term and long-term disability. If you need further assistance, you may contact my office via email.

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Answered on 7/31/07, 2:23 pm


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