Legal Question in Medical Leave in New York

Laid off due to FMLA

I was working as a guidance counselor for a public school in New York State and took FMLA when my son was born. I was subsequently laid off at the end of the school year because I did not accrue seniority while out on leave and the employee who was below me on the seniority list ''leapfrogged'' me making me least senior. When the district decided to cut a guidance counselor, I had to go because I had the least seniority because I took FMLA. Is this legal? I feel like I was punished for taking FMLA.


Asked on 8/29/07, 6:48 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: Laid off due to FMLA

Based on the facts as you have presented them, I would tend to agree with you.

Of course, I would need more details to fully assess the merits of your case and the best course of conduct going forward. In any event, re-instatement and/or damages via a severance package are options that may be considered.

You can visit my website SeveranceAttorney.com for more information or contact my office via email.

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Answered on 8/29/07, 7:02 pm


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