Hi Gary,

Thanks for reaching out. I have sent your question off to our legal expert who will be in touch soon.

In the meantime, I would recommend checking out the National Cancer Legal Services Network (an organization that connects cancer survivors with free legal service programs) to see if there is a local organization that could also provide you with some guidance regarding your question: http://www.nclsn.org/ 

Please let us know if you have any other questions.

Best,

Sarah, Manager of Programs, Cancer and Careers

Hi Gary,

The short answer to your question is, no, an employer is generally not required to give an individual their job back if they have been unable to work due to a disability.

Receiving disability benefits (e.g., SSDI or SSI) does not protect one's job.  The main law that provides an employee the right to be reinstated to the same (or equivalent) position is the Family and Medical Leave Act (FMLA).  The FMLA is the federal law that entitles some employees 12
weeks of unpaid, but job and health insurance protected leave, per year, in
order to care for their own serious medical condition, or to act as a caregiver
for a seriously ill child, parent, or spouse.  

To be eligible for FMLA, an employee must work for an employer with 50

or more employees, within a 75 mile radius of the employee’s worksite.  The employee must also work for a total of 12
months for the same employer, and in that 12 months, work at least 1,250 hours. Employers are not permitted to fire you
if you are out on FMLA leave, unless they can show that they would have fired you even if you were not out on leave (e.g., they discovered misconduct).  For more information on the FMLA, visit: http://www.dol.gov/whd/fmla/fmla-faqs.htm.

However, it sounds as if you have exhausted any potential FMLA leave you may have had, and, therefore, your employer is not required to reinstate you.  The only exception is if your particular employer or contract says something to the contrary.

I hope that helps answer your questions.

Best,

Monica
Bryant, Esq.

Cancer
Rights Attorney

COO, Triage
Cancer

Please note that the
above information is designed to provide general information on the topics presented. It is provided with the understanding that the expert is not engaged in
rendering any legal or professional services in the information provided above. The information provided should not be used as a substitute for professional
services.

This is Gary,  Just to sure, I was and about to stop receive Long Term Disability Insurance payment through my employer, which they furnish free to employees, But now have been released by my doctor to return to full duty, can they still not give me my job back, I am not disabled.

Hi Gary,

Generally that is correct.  Just receiving long term disability, even if it is a policy provided by your employer, does not require that your employer give you your job back. 

Best,

Monica
Bryant, Esq.

COO, Triage
Cancer

Please note that the
above information is designed to provide general information on the
topics presented. It is provided with the understanding that the expert
is not engaged in
rendering any legal or professional services in the information
provided above. The information provided should not be used as a
substitute for professional
services.

How about if  it's age is reason of not getting job back

How about if it is the fact I was sick is reason of not getting job back ?

Hi Gary,

For these sorts of questions I would recommend that you contact the National Cancer Legal Services Network and look for an organization near you that could help walk you through some of this. You can search for local organizations here: http://www.nclsn.org/members-directory/

I hope this is helpful.

Best,

Sarah, Manager of Programs, Cancer and Careers