Do I have the right to return to work after a long disability from GM

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Do I have the right to return to work after a long disability from GM

Do I have the right to return to work after a long disability from GM

Asked on July 26, 2018 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you used paid time off (PTO) and/or FMLA (Family and Medical Leave Act) leave to cover your entire absence, so that you returned before running out of a combination of PTO and FMLA, then they have to give you your job back. But if you were out without covering all days you were out with PTO and/or FMLA, they do not have to let you return: there is no right to miss work, even for a disability, unless covered by FMLA and using PTO, and an employer may terminate an employee who misses work without using PTO or FMLA.
As to FMLA: IF you were eligible for it, you could have taken up to 12 weeks of unpaid leave. To be eligible, your employer must have had at least 50 employees, you must have worked there at least a year, and you must have worked at least 1,250 hours in the 12 months before taking leave.


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