If an employee goes on a personal leave do i need to let them come back?

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If an employee goes on a personal leave do i need to let them come back?

My corporate restaurant had an employee
go on a personal leave to pursue
another job. He now wants to come back.
Do I legally need to secure his job or
can I turn him away?

Asked on December 4, 2016 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless he has protection against termination under the terms of an employment contract or union agreement, so long as his treatment is not due to some form of actionable discrimination or retaliation, you are not legally required to let this worker return. The fact is that in an "at will" employment relationship, an company can set the conditions of the workplace much as it sees fit. This includes who terminate and why. 


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