Returning to work after FMLA expired

I have been on disability for almost 8 months due to my own illness. I am ready to go back to work employed there 23 yrsand my employer is saying my job is no longer available. What action or recourse do I have. I have not been formally terminated.

Asked on October 18, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Disability provides some amount of income protection while you cannot work due to an injury or medical condition, but does protect or guaranty your job or require your employer to hold it for you. The Family and Medical Leave Act (FMLA) does protect your job, assuming you and yoiur employer were both covered under it, but even if you were eligible to use it, it only requires the employer to hold your job for a maximum of 12 weeks or 3 months. If you have been out for 8 months, the employer was not required to hold your position for so long; they could eliminate the job, staff it with someone else, etc. After being out for 8 months, you would not have any recourse for the loss of your position.


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