Can employer deny my return to work after receiving doctors clearance?
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Can employer deny my return to work after receiving doctors clearance?
I had surgery on my shoulder due to work related injury but was not able to claim
workman’s comp per my employer. I now have clearance from my doctor to return to
work with some restriction, none of which would pertain to my previous positions,
but my employer states they have no work for me. I did file for short-term
disability/FMLA and was granted it when I had my surgery, Can my employer deny my
return?
Asked on May 17, 2016 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you are returning directly from the FMLA leave, then they would have to let you return to work (not necessarily to the identical position, but at least to a comparable one), unless they can show some reduction in force or restructuring due to loss of business, work, or customers, which reduction is broader than you and which had nothing to do with you personally. (I.e. if they were doing lay offs, FMLA leave does not protect you from a lay off which would have affected you otherwise.)
But if you took additional time off after FMLA, either unpaid leave without a guaranty that you'd have work when you return, or used PTO, then they were not obligated to hold a position for you after that additional time away.
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