Legal Question in Workers Comp in New York

Limit on time off?

I had shoulder surgery in Dec 2004. I am currently off work while I go through PT. The shoulder is not useable for my job at this time, there was a lot done to the shoulder , and the job is physical and fast paced. I was informed by HR that if I do not return to work by March 8,2005 (will be 12 weeks), I will lose everything and have to return as a new hire when I do return. According to her, they are only required to hold my position for the 12 weeks of FMLA (she said comp time off falls under FMLA rules and they do not have to keep my position after I use up my FMLA 12 weeks). But a man at work was out on comp last year for 6 months (similar injury, we do the same type job)) before they told him he had to return or lose his position and come back as a new hire. Comp has been paying all bills and I have gotten checks and a letter stating payment was not disputed. So, if I am not ready to return March 8, do I try to go back to light duty, just to get back (doc said he would put me back light duty if necessary), or are they pulling a fast one? Why 6 months for this guy and 3 months for me? Thank you!


Asked on 1/21/05, 7:49 pm

1 Answer from Attorneys
Thomas Reilly Learned, Reilly & Learned

Re: Limit on time off?

To preserve your seniority you should try to return to work by 3/8. Then the issue will be whether or not your employer will accomodate your limitations. As to why the other employee was treated differently, that is unknown.

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Answered on 1/22/05, 12:46 pm


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