returning to work after medical absence

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returning to work after medical absence

I have been Clerical/Administrative Civil Servant for about 18 years. About eight months ago I left work due to illness. In April ’09 my doctor okay-ed me to return to work on pat-time basis fro two weeks after which I could return on a full time basis. My employer denied me the request because they don’t have “transitional employees” at my workplace. My employer also requested another note from my doctor listing if any limitations or restrictions that may interfere with my job performance. This request was complied with and I have not been reinstated to my former position.

Asked on June 17, 2009 under Employment Labor Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Hmm, sounds interesting.  Well, most states are at will employment unless under a collective bargaining agreement or contract.  If you are a civil servant, you should be (unless in an exempt non classified position) under the collective bargaining unit.

Check your collective bargaining unit (are you a member of the union)?

Check your personnel rules on such issues.

Then, contact an employment labor law attorney who has experiences with medical reinstatement of civil servants.   Try www.attorneypages.com and check his or her record at the New York State Bar.


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