Legal Question in Employment Law in New York

How long your employer needs to hold your job for you when you are out on medical leave depends on 2 things. First, the federal Family Medical Leave Act (FMLA) requires covered employers to provide employees with 12 weeks of unpaid medical leave to recover/care for a family member in a 12 month period. The FMLA only applies to employers that have 50 or more employees in a 12 months period.

Second, if there is a formal sick/disability leave policy either in the employee manual or in contract (employment or union collective bargaining agreement), then the employer must comply with that formal policy.

Regardless of whether your employer holds your job, however, NY requires every employer to provide at least 26 weeks of short-term disability (STD) at the rate of $170/week, unless your injury is the result of an on-the-job incident. If your injury happened on the job, you may be eligible for workers' compensation. Also, many employer provide long-term disability (LTD) benefits for disabilities that last longer than the STD period. You should inquire about your employee benefits with your HR department.