Legal Question in Employment Law in New York

forcing to sign a leave of absence, which the employer has prestated will be den

My wife is a low level manger in a company for 25 years, she was diagnosed with breast cancer this week and surgery is next week, the doctors say there is an 8 week recovery time. When informing here employer, they sent a rep. over to see her from the corporate headquaters. They are telling her she has to request a leave of absence, which the rep. said ''will be denied'', the rep. is saying it is ''standard procedure''. Is this legal and fair or are they setting her up for termination.When giving birth twice and out for 6 weeks each time, this was not the procedure. Thankyou for your advise


Asked on 3/19/04, 8:19 am

1 Answer from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: forcing to sign a leave of absence, which the employer has prestated will be

It doesn't sound like they've done anything illegal...yet. Sending a rep. over may be company procedure which they failed to do the first time your wife was ill. You are right to be suspicous, but it's still too early to challenge their actions. You are welcome to call for a free phone consultation. It might prove helpful to get some advice in preparing for any eventual misconduct on the part of her company.

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Answered on 3/19/04, 1:14 pm


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