Legal Question in Employment Law in New York

employee rights

I am a professionial firefighter who was supposed to take a physical agilty test on Friday. My family doctor today wouldn't give me the medical clearance to take it due to me battling depression since my mom recently passed away. I was alos taken out of work for at least two weeks. When I called the fire chief to inform him he said the city may fire me for missing the test. I didnt paln on becoming depressed and i wasnt expecting my mom to die either. can they legally fire me or is my job safe with the doctors statement excusing me from work for at least the next two weeks?


Asked on 6/03/09, 8:25 pm

1 Answer from Attorneys
Randall Brett Law Office of Randall P. Brett

Re: employee rights

Depression is a recognized medical condition that can result in a disability. Under both federal and New York law, your employer may be required to make a reasonable accomodation to your condition, which could include rescheduling the physical agility test to a time when you are medically cleared to complete it. You should consult with an attorney familiar with New York civil service law as well as employment law to review the situation and advise you of your rights.

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Answered on 6/03/09, 8:55 pm


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