Returning to work after FMLA expired

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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