Being out on medical leave and returning can they not honor your availability you were hired with?

Dear Sir or Madam:

From the facts you have described I cannot be certain whether your employer has violated your rights.

For instance, for an employer to be covered by the Connecticut FMLA the employer must employ 75 or more employees. It is unclear whether your employer employees that many employees, however, the Connecticut FMLA does provide for leave up to 16 weeks of qualifying leave every two years, and generally requires that a covered employer reinstate the employee to the same condition with the same terms and conditions of employment.

The Federal FMLA applies when an employer employees 50 or more employees within a 75 mile radius of the potentially protected employee's place of employment. It only provides up to 12 weeks of leave. But, it also requires an employer to reinstate an employee to their original position with generally the same terms and conditions of employment as when the employee left. As you indicated that you had used 12 weeks of leave, it is unclear whether you had exhausted the allowed leave for Federal FMLA protection.

I also note that if an employee would not have been employed even in the absence of the leave, that neither the Federal or State FMLA provides protection. Thus, if the employer has such a slow down in work that you would have only been employed at 25 hours per week, or would not have been employed when your Doctor released you to work, you do not get more rights from being on FMLA leave.

However, you may have additional rights beyond those provided by the Federal and/or State FMLAs. For instance, your condition appears to be serious enough to constitute a disability. Connecticut law prohibits discrimination against a disabled employee and requires reasonable accommodation for disabilities. It generally applies when an employee has 3 or more employees. Also, a Federal law, the ADA, applies to employers of 15 or more employees. These statutes may provide you with additional protection beyond the Federal and State FMLAs.

You also did not indicate whether the condition that caused your injury was work related. If it is related to your work, then you may have additional rights under the Connecticut Worker's Compensation Act.

I also note that if you had an agreement with your employer (either express or implied from such documents as an employment manual), or if you are a member of a union, that you may have additional writes under your contract or collective bargaining agreement.

I should note that, although I do not want to place any pressure on you, that employment law claims frequently have short filing deadlines. For instance, Connecticut FMLA claims and discrimination claims must generally be filed within 180 days of when you were discriminated against.

Please contact me if you want to explore your situation in greater detail. I do not charge for initial consultations.

My telephone number is (203) 874-0030. My e-mail address is Daniel@Schneider-Law-Firm.com. I am located in Milford, Connecticut.

Very Truly Yours,

Atty. Daniel H. Schneider

posted by Daniel H. Schneider  |  Nov 28, 2010 2:54 PM [EST]