Short Term Disability and Company Posting Your Job

[blazer217]

My question involves labor and employment law for the state of: New York

My husband has been on short term disability for the last 2 months after suffering a stroke. He will be going back to work, full-time, in 2 weeks. He was told that now he will need to go on long term disability for the next 2 weeks since he has been with the company less than a year (next month will be a year). He was also told that his job has been posted because that is the company policy when an employee is employed for less than a year. This doesn't sound right to me. They know he is coming back in two weeks. It sounds like, "glad you're feeling better, and just so you know, we may be replacing you!" Is this policy legal?

[Beth3]

If your husband has only been working for this company for less than a year, then the FMLA (Family and Medical Leave Act) doesn't apply - the employer therefore isn't obligated to extend any leave time to him nor hold his job for him if they do.

STD is the means by which your husband receives an income benefit while he's disabled from working. FMLA is the means by which your husband is entitled to statutory leave time and reinstatement to his former job. Yes, your husband's employer's policy is legal. If they've extended 2+ months of leave time to him, they've been considerably more generous than the law requires.

[blazer217]

Thank you very much for the explanation. In light of what you are saying, I guess they have been very generous.