Legal Question in Medical Leave in Illinois

Return to work from FMLA

My son is ready to return to work after getting hurt on his four wheeler. He works at Wal-Mart and plan on returnting 12/10 which is less then his 12 weeks. They are telling him that he will not return to his old position for they have replaced him. Is that possible. For they told him he could not return to work untill he was 100% for that position - unloading. If they were planning on putting his as a cashier he would had returned earlier.


Asked on 11/27/07, 10:14 am

1 Answer from Attorneys

Eugene Hollander The Law Offices of Eugene K. Hollander

Re: Return to work from FMLA

Assuming that your son has been employed by Wal Mart for a year or more, the employer's obligation is to return your son to a comparable position. Kindly contact me at [email protected] to discuss these pertinent issues and the underlying accident matter. I look forward to hearing from you.

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Answered on 11/27/07, 10:49 am


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