If I had to take medical leave approved by my employer, when I am medically cleared does ithave to bring me backat my original position and pay rate?

UPDATED: Dec 21, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 21, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I had to take medical leave approved by my employer, when I am medically cleared does ithave to bring me backat my original position and pay rate?

In the interim, my employer hired 2 men to fill my position and assigned them to my work truck. He says he has no work for me but all the installers are working to some degree including these newly hired men.

Asked on December 21, 2011 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, an employer does not need to provide medical leave or preserve an employee's job while that employee is on medical leave. The exceptions are:

1) If you took actual Family and Medical Leave Act (FMLA) leave. For you to have done this, your company must have been covered (at least 50 employees within a 75-mile radius); you must have been eligible (worked there more or less full time for a year or more); and you must have declared your intention to take FMLA leave.

2) If your state has an equivalent to the federal FMLA, you took leave under that state law, meeting its requirements.

3) IF the only reason you took leave was your employer had promised to preserve your job, and your employer knew (or should have known) that you were only taking leave due to that promise, that may be enough to make the promise binding; consult with an employment law attorney if you think this the case.

Otherwise, the employer is not obligated to bring you back after the leave.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption