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Return to work policy NY - Printable Version

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Return to work policy NY - Osok - 03-29-2015

does your employer have to take you back after you file a claim? I had a full release no restrictions but they are acting like there is no work, but have been told by others that they have jobs going on. It has been over 7 months. I've been working at a different job, it pays about 1/8th of what my previous job. It has turn my world upside down. I will be able to find another job with about the same income once the busy season picks back up. As of now I am so far behind on everything. Did they break any laws or is it perfectly legal?


RE: Return to work policy NY - 1171 - 03-29-2015

no.
if you were hired to replace someone who was hurt on the job, you won't get fired when they want to return and neither will your replacement.
the employer is not required to hire more then they need.

FMLA gives you 12 weeks of job protection for most employments.
http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

there are anti-discrimination provisions.
if you can prove the employer is discriminating because you filed a comp claim, there are penalties.
they are not required to hold a job or create one for you beyond the 12 weeks