Legal Question in Employment Law in Florida

Returning to work after long-term disability-leave

A friend of mine has been on long-term disability for approx. one year (cancer-treatment) and he's hoping to return to work w/in two months (LTD would have totalled 15 months upon his return). Is his employer required to give him his job back? If not and he attempts to return to work and they say his job is no longer available, he can stay on LTD at least, right (i.e. his insurance would continue)?


Asked on 11/04/05, 9:00 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Returning to work after long-term disability-leave

Unfortunately, the Federal medical leave law, FMLA, only requires an employer provide a maximum of 12 weeks of medical leave for a serious medical condition. As a result, if your friend was out of work for a year, it would not appear there is any obligation for the employer to allow the employee to return. Rather, the employer MAY choose to hire her again but unfortunately cannot be compelled to do so.

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Answered on 11/10/05, 5:24 pm


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