Legal Question in Employment Law in New York

This week I attempted to return to work from FMLA, with Doctor's note indicating I was able to return to duty full-time without restrictions. Instead of accepting me back they told me I would have to leave the request at HR along with Doctor's note. I was told by an HR staffer that I should file for unemployment to cover me until they responded. Can/should I file for unemployment until they get back to me? Asking because I've run out of sick/leave time so I will not be getting paid while I wait for them to get back to me.


Asked on 8/26/09, 12:27 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Yes, you should apply simply because you are ready, willing and able to work but your employer has refused to return you to your employment. You may also want to consider whether you have a claim under the FMLA.

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Answered on 9/03/09, 9:49 am


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