If I had to take medical leave approved by my employer, when I am medically cleared does ithave to bring me backat my original position and pay rate?
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If I had to take medical leave approved by my employer, when I am medically cleared does ithave to bring me backat my original position and pay rate?
In the interim, my employer hired 2 men to fill my position and assigned them to my work truck. He says he has no work for me but all the installers are working to some degree including these newly hired men.
Asked on December 21, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, an employer does not need to provide medical leave or preserve an employee's job while that employee is on medical leave. The exceptions are:
1) If you took actual Family and Medical Leave Act (FMLA) leave. For you to have done this, your company must have been covered (at least 50 employees within a 75-mile radius); you must have been eligible (worked there more or less full time for a year or more); and you must have declared your intention to take FMLA leave.
2) If your state has an equivalent to the federal FMLA, you took leave under that state law, meeting its requirements.
3) IF the only reason you took leave was your employer had promised to preserve your job, and your employer knew (or should have known) that you were only taking leave due to that promise, that may be enough to make the promise binding; consult with an employment law attorney if you think this the case.
Otherwise, the employer is not obligated to bring you back after the leave.
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