Legal Question in Disability Law in Florida
Disability and Employment
I am currently on short term disability, and my employer notified me today that my position is being filled. Is this legal?
2 Answers from Attorneys
Re: Disability and Employment
A couple of questions immediately spring to mind. The first is whether or not you are on FMLA leave and whether or not you have exceeded your 12 week leave period. The easiest answer is that if you are on FMLA leave and you have not exceeded your 12 week leave period, then your position is protected until return (provided that you return within the 12 weeks).
You also may have some rights under state law which you would need to discuss with a Florida attorney.
Re: Disability and Employment
It depends on whether the FMLA applies and whether you still have a job when you seek to return to work.