QUESTION
Is the employer obligated to return the employee to work in another position within the company?
Asked on Feb 18th, 2014 on Labor and Employment - Tennessee
More details to this question:
Employee develops cancer, exhausts 12 weeks of FMLA leave and is ultimately off work for over 1 year. Employee is now in remission and wants to return to their previous position, which no longer exists due to downsizing.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Nope. The job is gone and the FMLA time was exhausted. There is no job to go back to.
Answered on Feb 24th, 2014 at 5:13 PM
Usually not under FMLA. But contact an attorney to determine if any other law may apply to your situation.
Answered on Feb 20th, 2014 at 10:25 PM
No obligation to return the employee. Even under FMLA, must return only if there is an opening. FMLA does not guarantee your job.
Answered on Feb 20th, 2014 at 10:25 PM
Automobile Accidents and Injuries Attorney serving Knoxville, TN
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Baker Law Firm
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Usually yes, but when the position is eliminated no. This employee likely would have been laid off anyway.
Answered on Feb 20th, 2014 at 10:24 PM