Search for a new job

Find Jobs

 
Home > Careers & Employment > Law & Legal > NYS Labor Law FMLA and STD?

NYS Labor Law FMLA and STD?

Category: Law & Legal

Just MeJust Me


I am going on STD for surgery. Since I've told my manager he's been dismissive. He refused to answer the emails I sent him regarding it. When I told him (after speaking to HR) the time I'll be out he said what is the exact date of your return I said I don't have one and he said I want one. I said I am anticipated to return on this date and he said, ok but when WILL you return really? I said when my doctor says it's ok to. That was last week. This week he said when you're on your vacation I need this that and the other thing and I will be calling you daily for information. I said I am not going on vacation, I am on medical leave. He said yeah ok whatever, when your on VACATION, I will be calling you. I walked out and told his manager. His manager's response was thank you. Then I found out that he's telling other people I am going on vacation next week. I went to HR and told them. Was I in the right to do that? Will he do something to me, like fire me or find a reason to now that I've told on him? What are MY rights here?

Judy
Judy

If you're eligible for FMLA leave for this surgery, be sure all the proper paperwork is turned in. If you aren't eligible for FMLA or if your company isn't covered for FMLA, then you don't have any job protection.

Your boss sounds like he's just being a jerk about it though.

cainvest1
cainvest1

You are covered under Federal and NY labor law. If you have not already done so get a copy of your company's policy on short-term disability and make sure you comply. (keep a copy at home) Many require a Dr.'s statement and an authorization to return to work. Be sure to get that.

It sounds like you will need to work this out with your HR department.

Smiling
Smiling

Since it's a pre-arranged medical leave, you need to complete the FMLA paperwork before you go out. This includes getting a doctor's certification. The leave documentation will specify an anticipated date of return.

While on FMLA you have job protection for 12 weeks. This means you can't be fired due to your medical condition for the 12 weeks. You can be let go during the 12 weeks if something happens that is not related to the medical condition. A typical scenario would be a layoff and you would have been chosen for the layoff had you been at work (i.e. lack of seniority, dept closing, etc). Your job also can't be changed/downgraded while you are out, unless the change is related to a company reorganization type thing.

If your company has a history of terminating employees when their FMLA 12 weeks experience, if they don't return to work, the company can terminate you too. If they normally let employees exceed the 12 weeks job protection, they have to provide this benefit to you too (if they don't it becomes a discrimination lawsuit).


Share this on your favorite networks

Career Discussions

Vanilla55555 I want to go in nursing? (3 answers)

I've always wanted to be a nurse, but i'm not good at science or math. My strong subjects in school are english, french, and socials. But th ...

Andres L What do i need to do to become an RN? (1 answers)

Im firmly thinking about being a male nurse yet i heard that in California it takes up to 3 to 4 years to become one and in nevada it takes just two y ...

Mark Can a lawyer balance a family life and their career? (4 answers)

I am 17 and an aspiring lawyer. I've heard on occasions that it is very difficult to have a family if my career is that of a lawyer. So lawyers, ...

What career should I get into??? please help me? (1 answers)

A little about myself.. well I live in northern california, I am a introvert, like to write, I have a need to express myself, humble, perfectionist, h ...

dorexx Selling music and beats made on your computer, is it legal ? (2 answers)

Is it legal to sell music made by yourself on the computer, using softwares like FL Studio or others ?What are the chances of building a good career f ...

Dee J Do i need to go to a 4-year college to be payed more as a diagnostic medical sonographer(ultrasound)? (1 answers)

My mother feels i should get a degree to make sure i get the best end of the stick... however ive heard and read that in this field the pay is determi ...

pink.red I want to quit my nursing job as soon as, im due in tuesday coming.? (2 answers)

Can i just hand in my notice with immediate effect. There are no contracts actually in my place of work in our files.I am a nurse. will me walking out ...

Laine How can I start a non-profit as a teenager? (3 answers)

I'm fifteen, and I want to start a charity organization that helps teenage homeless and runaways. Any ideas on how I could go about doing this? ...

Lucky If u got the chance to add some improvements on the white coat or scrub what would it be? (1 answers)

What would you like to change? would it be in color or design or fabric? ...

Jacob Any clues or ideas of what career I can go into, involving chemistry? (5 answers)

The thought of university is upcoming, and I'm enjoying chemistry. Any career ideas for me? Thanks ...