return from disability-a right??

[farkelnagelmak]

New York-
I was on Long Term Disability. July 31, 2001 was the last day of my LTD benefits. I informed my employer that I wanted to return to work. They informed me that they were in a cost containment/ job freeze situation. They looked at available jobs but there were none. They were therefore terminating me. They offered me a pretty much standard severance package- ie., a few bucks, COBRA health. They want a release signed.
My question is- under the FMLA of 1993 are they required to give me my job/a job back? Are they trying to get me to sign away a right that I can fight for? Should they be offering me a better package? Or is this standard procedure- the right is not enforceable.. take what they give you.. etc? Any info would be helpful.. Should I see an attorney?? Know anyone in Manhattan?

mak

 

[loku]

You did not give quite enough facts to allow for a full answer, but following are the rules that apply:

The FMLA is applicable to any employer in the private sector who is engaged in commerce or in any industry or activity affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks or more in the current or preceding calendar year.

The FMLA provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12 months for the following reasons: …For the employee's own serious health condition.
When the employee returns from FMLA leave, the employee is entitled to be restored to the same or an equivalent job. An equivalent job is one with equivalent pay, benefits, responsibilities, etc. The employee is not entitled to accrue benefits during periods of unpaid FMLA leave, but must be returned to employment with the same benefits at the same levels as existed when leave commenced.

FMLA is administered by the Employment Standards Administration's Wage and Hour Division. More detailed information, including copies of explanatory brochures, may be obtained by contacting the local Wage and Hour offices. In addition, Wage and Hour has developed the Family and Medical leave Act Advisor(http://www.dol.gov/elaws/), which is an Internet online system that answers a variety of commonly asked questions about FMLA including employee eligibility, valid reasons for leave, employee/employer notification responsibilities, and employee rights/benefits.

Employees or any person may file complaints with the Employment Standards Administration, U.S. Department of Labor (usually through the nearest office of the Wage and Hour Division).