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trying to return to work from disability, laws Pennsylvania

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  • trying to return to work from disability, laws Pennsylvania

    hello,
    I work/worked for a auto complex which employs over 150 employees. I pay for private disability insurance thur the company as well. On May 18 2010 I was involved in an auto accident that required me to be out till around January. I contacted my HR dept on or around January 20 about returning to work and was instructed to re apply and go thur all background and DL screenings before an interview would be set up. Ok I understand the DL check you need a DL to work in the field nothing would have changed on anything from the last time I applied. We are now in the month of Febuary with no response frrom the company after countless emails and phone messages. Is there any laws that protect me or help me return to work. Please advise thank you Michael

  • #2
    Under Federal law, the longest your employer is required to hold your job is 12 weeks. PA has no state law that extends that.

    Unless you have a legally binding and enforceable contract or CBA that expressly grants you additional time above and beyond the 12 weeks, your employer has no legal obligation to return you to work once the 12 weeks have expired. This remains true regardless of how long the disability benefits (which are income replacement, not time off) are approved.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Is there any laws that protect me or help me return to work.

      No. After 12 weeks on leave, your employer had no further obligation to hold your position for you - you were out of work for 7 months. Since your employer is not returning your phone calls and emails, it appears that they're either not interested in employing you or that they don't have something currently available and they're irritated that you're hounding them (i.e. the "countless" emails and phone calls.)

      I suggest you look elsewhere for employment. Good luck.

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