If your employer can advertise your job if your on sick leave?

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If your employer can advertise your job if your on sick leave?

I have been off work sick now for 3 months with hip problems. The employer has asked for a full medical report from my GP to find out whether I can return to normal duties and when.

Asked on December 30, 2011 under Employment Labor Law, Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In all states in this country, an employer can seek a replacement worker for an injured worker such as you by advertising or not. The issue is whether the replacement worker for your job is temporary or full time.

In many situations if an employee suffers an on the job injury, the employer is required by state law to hold the job open for return by the employee where any replacement employee only holds the position on a temporary basis. This may be the situation that you are in. Your employer may have work needed to be done and the search for any other employee for your position may only be on a temporary basis. I suggest you consult with your employer as to this issue.


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