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#1
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I am returning to work after 11 months due to an illness. I would like to know what my employer's responsiblity is to me as far as getting my job back. I think if not the same job than it needs to be something equal. Am I correct in this assumption??? I would like to have accurate information before I speak to them about a definite return date.
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#2
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No, your assumption is incorrect. You would be correct if you were returning to work during or immediately following a disability or medical leave not to exceed 12 weeks. However, since you are returning after an 11 month leave, your employer is not required to put you back into the same job, an equivalent job, or, in fact, any job at all. Once you exhaust the 12 weeks of protected leave guaranteed you by Federal law, you lose the right to be put back into the same or equivalent job. After 11 months, it is up to your employer what, if any, job they have available for you.
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