What are my rights regarding getting my job back after coming back from disability?

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What are my rights regarding getting my job back after coming back from disability?

I had a surgery and it was filed under worker’s compensation. They hired a temp person while I’m on disability. When I came back to work full duty, I expressed my concern that I want my job back but I never gave back my previous work. Is it legal to hire the temp person to be a permanent employee? It seems like I lost my job.

Asked on June 6, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot lose your job if you have been on short term disability for 12 weeks or less. Your employer must return you to your previous employment if you can still handle the job. If it has been more than 12 weeks, you can lose your job but your employer must still hire you back and accomodate you. Talk to your workers' compensation attorney about this issue and see if your employer is required to pay additional monies to you for this act or pay penalties and fines.


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