Legal Question in Employment Law in New York

Re: Return to work after Temporary Disability.

If your company is covered by the Family and Medical Leave Act ["FMLA"], they only had an obligation to protect your job (or a comparable job) for 12 weeks. It sounds as if you have been unable to work for about 6 months. The FMLA does not require reinstatement to your job or a comparable job unless you return within 12 weeks.

There are times when, under the Americans with Disabilities Act ["ADA"], an employer may have an obligation to hold a position longer than the 12 week period required under FMLA. This is rare, however. You should consult with a qualified attorney in your area for an analysis of the particular facts of your case.

Keep in mind that, if you have a claim under the ADA, you have to file a charge of discrimination with the Equal Employment Opportunity Commission ["EEOC"] within 300 days from the date of the alleged discriminatory action you want to challenge. For information on the closest EEOC office to you, check out http://www.eeoc.gov

Good luck.