Legal Question in Employment Law in Missouri

can't do old job requirements due to physical illness

I'm almost out of fmla leave and am not presently able to return to old job because of physical demands is my employeer required to place me in another position for which I am qualified and have experience?


Asked on 5/03/07, 3:25 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: can't do old job requirements due to physical illness

You have not provided enough information to give you a clear answer. Because you have not been on leave with Work Comp benefits, I am assuiming your illness was not caused by the work you wre doing. (you may qualify if it is made worse by your work).

If your illness is not job related, the employer is not going to be forced to let you work where you want, doing what you want. However, if your illness is a qualifying disability, then the employer may be required to provide a reasonable accomodation. Perhaps the other position is a resonable accomodation. That is a factual question, that does not provide the same answer in every situation. If you believe strongly that you could and should be allowed to fill the other position, then you should consult with and perhaps hire an attorney who can examine all the facts specific to your situation.

Good Luck

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Answered on 5/04/07, 10:41 am


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