Legal Question in Disability Law in New York

I wish to return to work after short term disability with accommodation to work from home part time. My employer asked to speak with my doctor who supports this accommodation. The employer then proposes to have me work part time and file for long term disability. I was under the impression that the employer had to keep my position for me or a similar one. I do not want to file for long term disability. Any advice on how to proceed?

Asked on 12/12/19, 4:38 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Your employer is correct, however, but my experience tells me that there would be a problem with claiming "long-term disability." This all depends on your ability to work. What your employer is doing is "an engagement in the interactive process" to find and accommodation for your disability that meets both of your needs. Please do not depend on a "doctor's note." Requesting an accommodation -in your case- appears to be a complex matter given the modicum of information that you can post on this website. You may visit the U.S. Dept. of Labor and the U.S. EEOC's websites for more information on how to request a reasonable accommodation in your workplace. Advice, call speak with an employment law attorney. And, don;t be "penny-wise and pound-foolish" when it comes to an attorney because this is a decision with long-term consequences.

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Answered on 12/13/19, 3:41 am

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