QUESTION
Can an employer eliminate your job position if you are out due to an injury that is not work related but you had a doctors excuse?
Asked on Apr 18th, 2012 on Labor and Employment - Montana
More details to this question:
I was under doctors care and provided notes to my employer from my doctor and had more then enough sick leave and vacation time built up to cover for the time I was out which was 6 weeks. I could not afford to go on family medical leave since you don''t get paid for your time off. The first day I returned back my employer said I had 2 days to vacate my office and was told that I was going up to the reception area the third day. I was not notified that my position was at risk due to my injury. I also found out that my employer had posted the job that I was now covering with job services the same day I returned to work. Do I have any legal recourse against my employer, or is it too bad for me?
1 ANSWER
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The fact you suffered from an injury or illness does not prevent your employer from eliminating your job. Laws which permit employees to have leave (whether FMLA, workers comp, state statutes, etc.) or policies which allow leave when an employee is ill or injured do not guarantee that the employee will either be returned to the same job or that the job will be held open indefinitely. Employers are allowed to make business decisions regarding staffing.
Answered on Apr 25th, 2012 at 2:41 PM