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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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I work for NYC Transit Authority and I have been out sick having

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I work for NYC Transit Authority and I have been out sick having various treatments and surgeries since October 4, 2012. I received a letter from my employer stating I would be terminated effective October 21, 2013, persuant to civil service law 73. My question is, are there any medical circumstances in which I could read up on that would prevent a termination in my case?

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

I am sorry to hear of this matter and that you have not been well.

So you have been out on your paid sick leave - any FMLA applied here? Have you used it all?
Customer: replied 3 years ago.

I have received 60% of my sick leave a few times, and I have used it all. No FMLA applied, I was carried sick.


Ok. Thank you.

I am sorry to hear of this matter. Unfortunately, if the illnesses, absences, surgeries, etc were not work related then in my review of Rule 73 the NYTA is in legal right to bring about a termination.

I suggest that if your illnesses are deemed to be a disability you may file with the NY Human Rights Commission

As per the NY law:

New York City's Human Rights Law156 provides:

16. (a) The term "disability" means any physical, medical, mental or
psychological impairment, or a history or record of such impairment.
(b) The term "physical, medical, mental, or psychological impairment"

(1) An impairment of any system of the body; including, but not
limited to: XXXXX XXXXX system; the musculoskeletal system; the
special sense organs and respiratory organs, including, but not
limited to, speech organs; the cardiovascular system; the
reproductive system; the digestive and genito-urinary systems; the
hemic and lymphatic systems; the immunological systems; the skin;
and the endocrine system; or

(2) A mental or psychological impairment.

I suggest that contacting the Human Rights Commission may be a good place to start

Here is the link for more information in that regard

I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.


Please tell me if there is anything I can clarify for you. I provided you the information as it pertains to your situation.

I am sorry if it is not what you hoped for, of course, I don't make the laws.

Thank you


You really shoud not be giving Poor ratings when Clearly true and correct information is provided. When you do that, it hinders the professional's ability to continue helping those who need it via this website.

Thank you

Customer: replied 3 years ago.

My illness is not deemed a disability. I am just not able to return to work by 10/21/2013. I will not be able to return until January 2014.


Well, I do not know if it would have fallen into one of those categories or not. Unfortunately, this is your only recourse.

I wish it was better news for you.
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