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Sick days following return from Short Term Disability/ FMLA. Can I use the my accrued time?

New York, NY |

I have been out on on leave since March 2013 due to severe lower back problems. I have been undergoing painful physical therapy during this time. My doctor reluctantly allowed me to go back to work with limited responsibilities. The problem is that my 1.5 hr commute has kept me from returning to work and I have had to call out.? Am I entitled to sick pay because I have had to call out? The reason I asked to be released for work is because I was informed I was going to be let go as soon as I returned to work. My former co-worker returned from leave and was fired minutes after she got into the office.

Attorney Answers 3


  1. The answer to your question depends upon a variety of factors. You should consult an employment lawyer to discuss your options.


  2. You may have viable claims and your co-worker may as well. I suggest both of you schedule consultations with experienced employment attorneys.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.


  3. You may have viable claims and your co-worker may as well. I suggest both of you schedule consultations with experienced employment attorneys.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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