Legal Question in Medical Leave in Texas

returning to work after FMLA

I am currently on medical leave through FMLA. It has been determined by my physician that I cannot return to my original job at the end of my medical leave, but can return full-time in a different, less stressful capacity in a different department within the organization. Is my employer obligated to assist me in finding a new position within the company or am I on my own to find a new position?


Asked on 10/22/07, 10:40 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: returning to work after FMLA

I doubt that the employer has an obligation to find you a different position under the FMLA. However, under the Americans with Disabilities Act ("ADA"), an employer is mandated to reasonably accommodate an employee's known disabilities. This may include helping you to find another position.

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Answered on 10/22/07, 11:29 am


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