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View Full Version : My Rights Re: Termination due to injury New York


Amanda21805
02-26-2008, 10:36 PM
I broke my hip (not job related) and have been unable to return to work. My job requires that I spend an extensive amount of time on my feet and the doctor thinks that it will be 2-3 months before I should think of returning to work. Thus far, the company has been extremely supportive of my accident and I've been told that my job will be held for me. Now, I'm not naive - I was hired to perform responsibilities that I am unable to fulfill. Legally speaking, can they fire me? Am I protected under any type of discrimination laws? I'm on good terms with this company - I'd like to think they'd do right by me under the circumstances. However, business is business and I have a sneaking suspicion that 3 months is longer than they'd thought when they 'promised' to hold my job. Anything I should be aware of before I meet with my superior later this week?

ElleMD
02-26-2008, 10:44 PM
Does FMLA apply? If you aren't sure, see here for details www.dol.gov/esa/regs/compliance/whd/whdfs28.pdf

Amanda21805
02-26-2008, 10:50 PM
No, FMLA does NOT apply. I'd been with the company only a short time.

Pattymd
02-27-2008, 04:05 AM
Then, no they don't have to hold your job for you.

Discrimination based on what protected characteristic?

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