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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


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