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Non-Work Related Injury Requirements

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  • Non-Work Related Injury Requirements

    If an employee is out on a non-work related disability, how long is an employer required to keep their job open? Also, if this employee is their only employee and the company has had to hire another person to replace the injured employee due to the length of their non-work related injury, are they required to bring this employee back to active status when released from their disability, so therefore, they would have to terminate the current employee.

    This is a company with the owner and a helper.

  • #2
    If FMLA applies the longest you must hold the job by law is 12 weeks (or state equivalent if applicable). http://www.dol.gov/esa/regs/compliance/whd/whdfs28.htm http://www.dol.gov/esa/programs/whd/...fmla/index.htm If there are only 2 employees, no laws apply.

    After that, you *may* hold the job open for longer but you are not bound to, nor are you bound to any particular length of time. If FMLA does not apply, or the 12 weeks have expired, you may fill the position if you need to. What you do when the employee is able to return is up to you. You can bring them back, put them in a vacant position or terminate. You do not have to fire the new employee to bring back the older one.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by [email protected] View Post
      If an employee is out on a non-work related disability, how long is an employer required to keep their job open? Also, if this employee is their only employee and the company has had to hire another person to replace the injured employee due to the length of their non-work related injury, are they required to bring this employee back to active status when released from their disability, so therefore, they would have to terminate the current employee.

      This is a company with the owner and a helper.
      One owner, one employee, the company does not have to comply with FMLA.

      You can cut the injured employee loose any time you want to do so and never have to bring the employee back.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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