Your Rights When Returning to Work After Disability Leave
A workplace accident might lead to a disability that keeps you from working. Under Ohio employment law, employees may take up to 12 weeks of leave for serious health conditions.
A disability leave allows you to focus on recovery without worrying about work. After your leave, you return to your job — but this isn’t necessarily as easy as showing up on a Monday morning. Things might have changed while you were out.
Returning to work presents a complex set of issues. It’s overwhelming because you don’t know what to expect when you return, especially if your disability forced you to abandon your previous position.
Hux Law Firmwill ensure you know your rights when returning to work after a disability leave — and this article explores your rights when returning to work after a disability leave.
An Employee’s Rights When Returning to Work After Disability Leave
When you take time off work because of a disability, there are rights that your employer cannot deny you when you come back. Below, we’ll explain how these rights work and outline situations where you might not be able to get your job back.
Your Right to Reinstatement
When you return from your disability leave, you have the right to get your old job back — and your employer must return you to your last position. If this isn’t possible, they must place you in a comparable position similar in every aspect to the previous one.
This includes job duties, wages, benefits, and worksite, and the reinstatement process must take place immediately after you return to work. In turn, your employer can request a notice of your return in order to have ample time to prepare.
There are times when your employer can deny you the right of reinstatement. Some of these cases include:
- Your entire department was laid off during your leave (a reduction of force)
- You can’t perform the primary function of the job
- You would have lost your job even if you hadn’t taken a disability leave
- You took the disability leave fraudulently; e.g., you lied about your disability
Restoration of Pay
When you get your prior position back, you also have the right to receive the same salary you received before your disability leave. This includes your hourly wage and the opportunities to earn extra pay before taking time off. Even in cases where you cannot resume the same position, your new role must offer the same pay as the one you had before your leave.
If you earned bonuses, overtime, and commissions before taking the disability leave under the Family and Medical Leave Act (FMLA), you must have the same benefits when you return.
The Right to a Raise
Apart from getting the salary you had before the disability leave, you also have the right to raises. If there are any increments you could have received if you hadn’t taken a leave, then you’re entitled to receiving them upon your return.
In addition, if your company provides an annual raise to help employees keep up with the cost of leaving, you’re entitled to this increment even if you were on leave when it went into effect.
However, for raises based on performance, your employer might not have to give you one if they didn’t give them to other employees who took unpaid leaves. Likewise, for increments that are not automatic but based on targets, your employer doesn’t have to provide you with the raise.
Restoration of Benefits
When you return to work after your disability leave, you’re entitled to having all your benefits restored at the same level. However, your benefits are also subject to any changes made in the company while you’re out.
An example is life insurance plans. If your employer changes their plan, you’re not entitled to the old policy but the new one. Your Ohio employment lawyer can help you receive all your benefits if your employer tries to keep them from you.
What If You’re Not Ready to Return From Your Disability Leave?
Based on the Americans with Disabilities Act (ADA) provisions, you might qualify for an extended leave of absence. As long as your health condition qualifies as a disability under the ADA, your employer may have to provide you with time off as an accommodation to ensure you can return to work in perfect health condition.
Employees are usually not entitled to open-ended leave under the ADA. Therefore, when requesting an extended leave using this law, ensure you specify a time you would be able to resume work.
Even if you can’t return to your previous position after the extended leave, you’re entitled to a transfer to a different role on the same level and with the same benefits and pay. If your employee refuses to grant you extended leave under the ADA, you can seek the help of an Ohio employment lawyer.
Contact Hux Law Firm to Protect Your Rights
You must understand your rights if you return to work after taking a disability leave or have already returned. You also need to know that your employer cannot pressure you to return to work sooner than the doctor says you can.
However, if your employer refuses to grant your benefits, reinstate your position, or uphold other rights you have upon your return, an Ohio employment attorney can help you. At Hux Law Firm, we can help you determine the next steps you should take to ensure you don’t lose your job.
We’ll also review your situation to determine if your employer is violating your rights. You might have grounds for a lawsuit if your rights are being violated. Contact Hux Law Firm today for a free evaluation of your case.
