Legal Question in Medical Leave in Massachusetts
employers rights to fill a job if employee has applied for long term disa
If an employee has used up the 12 week FMLA and has applied for Long Term Disability, is the employer required to keep the employees original position open or does the employer have a legal right to fill that original position and offer that employee a job of equal responsibility and pay?
1 Answer from Attorneys
12 weeks is it under the FMLA
If an employer has properly designated the leave as FMLA leave, and you cannot return to work at the end of your FMLA entitlement. The federal FMLA affords you no protection generally
I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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