Is my employer required to give me a job after I have been on disability leave?

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Is my employer required to give me a job after I have been on disability leave?

I have been on disability leave for a year and a half. It appears my doctors are about to clear me to return to work. My HR representative told me I have to apply for a new job since my old job has been filled. If I do not find a new job within the company within 90 days my employment will be terminated. I think this discriminates against people with disabilities.

Asked on August 28, 2012 under Employment Labor Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if you have been on disability leave from work and you are now ready to return to your employment, your employer is required under federal and state law to have the position that you had available for your return. The inly exception is when your employer's business due to economic adversity is struggling financially. I suggest that you consult further with a labor attorney and/or a representative with your local department of labor about your matter.


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