Legal Question in Medical Leave in New York

I am in a union and my employer won an arbitration case against an employee who stayed out sick after the employers medical department said he was fit to work. His doctor stated in his FMLA certfication that he should be out longer. In our contract it states in order to get paid for FMLA leave the employers medical department has to approve your illness for pay not for FMLA leave. Since the arbitration decision my employer has made it a habit of forcing people to come to work on light duty when they are to ill and denying others all together. They are abusing their authority. Is there anything I can do about it?


Asked on 6/20/11, 2:46 pm

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett

Your union can file a grievance. Talk to your union representative.

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Answered on 6/21/11, 6:06 am


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