My question involves labor and employment law for the state of: NY So, in May of 2009 I had to have emergency back surgery. I have Type 1 diabetes and it takes longer for me to heal than other people. I had FMLA at work for my diabetes prior to having the surgery, but my employers told me that FMLA runs concurrent with disability. So... I tried to go back to work 2 weeks after my back surgery, but it was really too much for me. I went to my HR office and told them, and asked them what I should do? I didnt want to use all of my FMLA time cuz I knew even after I healed from my back surgery.. I still have diabetes.. that will never go away. My HR person told me that I wouldnt have to worry because I am protected under ADA, and then told me to take the time I need to heal, and so with that being said, I took the time to heal, and after speaking with her, she sent me the paperwork for ADA and I was to turn it in when I go back to work. I was going to return to work in August part time at first and work my way to full-time. But, on July 31, 2009; Hr sent me a letter stating my FMLA time has been used up as of 6/30/2009 and they no longer have to hold my position. So, being out on disability basically made me lose my job, I called HR and they told me that there is no job for me to come back to and when I get released if there is a position for me to come back to I will come back as a new employee. I have been with this company for 7 years. I have had outstanding evaluations and have never had any disciplinary actions against me. I was beyond shocked to find out I have no job to go back to when my doctor releases me to return to work. Is this legal to do? I mean I have Type 1 diabetes and I know I have some protection.