Illness Discrimination?

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Curious

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a 10 year NYC public school teacher, back in November 2011, had to go on disability because of debilitating migraines and was off for 5 months... went back earlier than what was recommended because she was feeling better and now her principal told her today that the 2012 school year she will be moved to 5th grade (from 1st) and she will not be the only teacher in her class she will now be "team teaching" because of her illness... that legal?

curios... thanks
 
Yes. If she was gone for more than 12 weeks, as far as the law is concerned they had no further obligation to hold her job at all, let alone put her back in the same position. Unless she has a contract or CBA that says she cannot be moved to a different grade level or put into a team teaching situation, they can put her in any classroom they like and it will be legal.
 
Thank you much for your reply! What you write leads me to other questions... Preface: I'm not a NYC teacher nor am i versed in any of the legalities...

you say they had no obligation to hold her job but she is tenured... i am assuming you mean that school is no longer responsible and could lay her off and she'd have to get herself placed elsewhere?

also, after 12 weeks was about when her fmla ran out and she had to go on disability, is that the limitation of responsibility the board of ed has towards her?
 
What I am saying is that as far as either the Federal government or the NY state government is concerned, on week 13, day 1 of her leave the employer is free to terminate her employment and they will have no objection. If she has other protections, such as tenure, she will have to take that up with the school district. The law is not concerned with it.

Disabilty benefits are not leave time; disablity benefits are how you get paid while you are on leave. The law only requires that she receive 12 weeks of FMLA. After that, the employer has no further responsibility UNDER FEDERAL OR STATE LAW. Not having read any agreements or protections she may have with the school district, I cannot comment on them.
 
OP, your teacher friend should consult with her union representative. The union rep should know whether the collective bargaining agreement and/or the civil service system come into play with her reassignment.

With that said, in most instances an employer can reassign an employee for purposes of satisfying staffing requirements and/or accommodating an employee's illness. Even with collective bargaining and civil service protections, I doubt your teacher friend can do anything to challenge this reassignment under these circumstances.
 
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