Legal Question in Medical Leave in New York
I am currently on short term disability due to surgery, 2days prior to surgery date I was informed by my employer that there was a possibility that I may not have my job upon return. Please advice if this legal or if there is anything I can do?
1 Answer from Attorneys
FMLA is not the same as diability leave; therefore, it is easier to lose your job while on disability. If you are terminated while on FMLA or disability for an abolutely nuetural reason (e.g. A lay off where your name was randomly picked) then there is no claim. In either case, you need to look closely at the reason for the termination regardless of what your boss tells you. If you are terminated, you have at least 180 days to bring a claimunder federal law. By the way, you may also be covered under the ADA and if you are over 40 you may be protected under the ADEA (age). FMLA actaully requires that you make a request for leave time under the Act.