Can my employee offer my position to someone else while I'm out with covid?
4 attorney answers
NY not only has paid family leave and non-occupational DB benefits, it also has stricter laws (vis a viz federal law) regarding job protection due to illness/leave. It is worth it to discuss with a capable NY employment law attorney.
The advice provided by the author are general legal observations and based solely on the question provided. Any change to the facts very likely changes the answer. The author is licensed only in 3 states and defers to any conflicting opinion from an attorney licensed in the jurisdiction if the author is not licensed in that jurisdiction.
Consult with a local employment attorney. NYS has mandatory paid sick leave. If you were out on paid sick leave, you are likely protected from retaliation.
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Were you vaccinated and still contracted COVID? If no, do you or will you have medical confirmation that you are immune-compromised or otherwise had good cause not to be vaccinated to make sure that you qualify for unemployment benefits which DOL might request?
The answer is no - an employee under normal circumstances has no right to do so. However, if there is a written employment agreement allowing for same, then the answer changes.