Legal Question in Medical Leave in New York

I have been out of work on FMLA leave for 14 weeks which included 15 days holiday/vacation. During that time I also depleted all my sick and personal days. My employer says I have been out too long and they are not required to take me back. Is this legal?


Asked on 3/05/10, 8:10 am

1 Answer from Attorneys
Brian Mittman Markhoff & Mittman, PC

Family Medical and Leave Act (FMLA) protects workers in certain businesses (usually more than 50 people) by 'keeping their jobs available' during a period of time. Once that time is exhausted then the employer generally has the right to terminate the employee unless there are other contracts or employment agreements. You should consult directly with an attorney knowledgable in this area.

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Answered on 3/10/10, 4:32 pm


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