Does my company have to hire me back?
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Does my company have to hire me back?
I am a union ironworker and last year took a medical leave of absence from my employer to have surgery on my right shoulder. At that time, my employer stated that for me to be reinstated I would have to be 100% cleared to return to work by my physician. Since the type of work I’m in, the healing process took 1 year. At the 6 month period, I called my employer to give them a status report on my condition. I left a message with my immediate supervisor but I never received a return phone call. In December I attempted to notify my employer by phone again that I had a release date to return back to work,and again, my call went unreturned. In January, I attempt to notify my employer by email this time, that I was 100% cleared and my return date would be 1/16/17 and again, no return phone call or email. After 18 years with this employer, I feel a simple response should be a respectful gesture after so many years of service. By law, is my employer obligated to re-hire me at the position I held before taking my medical leave of absence?
Asked on January 19, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The following answer ignores any rights you may have under your union contract, because they are not known to me--you should however review the contract to see what rights it provides in a situation like this.
Without regard to the contract, the employer has no obligation to rehire you. You write that you were out for a year; that is far longer than the employer would be required to hold a position and reinstate you under the law (e.g. under the Famly and Medical Leave Act, which, if it applied to your employer [i.e. if your employer had at least 50 employees] would only require they hold the job for 12 weeks). Being out they long, they do not need to rehire or reinstate you. It would be professional and respectful to respond, but the law does not enforce professionalism, unfortunately.
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