Legal Question in Medical Leave in New York

I received a letter stating my FMLA expired and I no longer have job protection. By law, does my employer have to give me advance notice of how much time I have left so I can avoid it running out? Can they wait until it runs out and say..."sorry, you don't have a job?" Please advise!


Asked on 1/19/10, 8:57 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

If you can, you should immediatly return to work rather than face a job loss. It is very likely that your employer provided you with notice of when you are required to retun to work when they granted you leave under the FMLA. Leave under the FMLA is not open-ended. FMLA leave has a start and an end. Do not presume that your employer must send you a warning letter prior to them terminating your employment.

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Answered on 1/24/10, 11:25 am


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