Is it legal to lose a job after going to rehab

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Is it legal to lose a job after going to rehab

After returning from
rehab my employment
position was no longer
available. They
offered a much lower
position to me is this
legal

Asked on May 28, 2019 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It may be legal. When you take time off from work for rehab, your position is ONLY guaranteed if:
1) You had and used sufficient paid time off or PTO (e.g. vacation or sick days) as to cover your entire absence. Or
2) Your employer was covered by the Family and Medical Leave Act (FMLA), which means that it had at least 50 employees who all worked within a 75-mile radius; you were eligible for FMLA (you worked there at least one year; you worked at least 1,250 hours in the past 12 months) and you used FMLA leave for the entirety (up to 12 weeks) of your absence.
If you did not cover your absence with PTO and/or FMLA, they did not have to hold your job for you or return you to work. If you did use FMLA but lost your job, contact the state department of labor about filing a complaint; if you used PTO but lost your job, contact an employment law attorney about suing. The key is, ALL days you were out must have been covered by some combination of FMLA and PTO.


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