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Old 10-07-2009, 10:44 AM
 
3 posts, read 8,151 times
Reputation: 12
Default Can Company Hire Replacement During Approved Medical Leave?

I'm hoping someone with expertise can provide us with some clarity.

My uncle, he's in managment, has an approved doctors ordered medical release and has already been granted a leave of absense by the company he works for.

The company he works for has not only interviewed but they've also hired a manager replacement in his position.

He's not formally submitted anything in writing he won't be returning after his medical leave.

Can a company in the state of Nv either by state law OR federal law fill his position since he's already on medical leave?

Any information or help you can offer ASAP is appreciated.

I'm afraid he might do or say something that can jeapordize his position and or especially his medical benefits!!

Thank you!

Jamie
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Old 10-07-2009, 11:16 AM
 
Location: Beautiful Upstate NY!
12,244 posts, read 15,950,002 times
Reputation: 5591
If you are talking about a leave under FMLA (which is a federal act)...yes a company can surely hire a replacement while the worker is gone (business must continue, after all). However, under an FMLA leave, the company must take him back at an equivalent position and at equal or greater pay as long as his leave meets the FMLA guidelines (usually back within 6 months). Note that all workers are not covered under FMLA, as there are company size limitations where it applies (generally more than 50 employees within company). Don't take my word as gospel...but have him research FMLA.

Last edited by jfkIII; 10-07-2009 at 11:52 AM..
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Old 10-07-2009, 11:38 AM
 
Location: Beautiful Upstate NY!
12,244 posts, read 15,950,002 times
Reputation: 5591
PS...while states may offer a more liberalized medical leave plan than the federal plan...that must, at minimum, meet the federal plan. For instance, CA offers paid medical leave, which is even better than the unpaid FMLA leave. However, every state, including NV, must meet at least FMLA's level.

You should really ask this question on the broader NV or Health forums. You'll probably get more response.
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Old 10-07-2009, 11:42 AM
 
3 posts, read 8,151 times
Reputation: 12
Thank you for taking time to respond it's much appreciated!

Looking over some FMLA statutes at this time. Thanks for directing me that way. I need to find out if indeed he is on FMLA or short term or long term disability. I don't know that much about it myself but will check some more closely related forums.

Should anyone need or want a quick link to FMLA statutes here you go while I'm here....

U.S. Department of Labor — Employment Standards Administration (ESA) — Wage and Hour Division (WHD) — The Family and Medical Leave Act of 1993 (http://www.dol.gov/esa/whd/regs/statutes/fmla.htm - broken link)
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Old 10-07-2009, 11:51 AM
 
Location: Beautiful Upstate NY!
12,244 posts, read 15,950,002 times
Reputation: 5591
Note that most disability claims run concurrent with FMLA. Disability covers the illness...while FMLA protects your job.
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Old 10-07-2009, 01:09 PM
 
Location: Orlando, FL
317 posts, read 571,157 times
Reputation: 141
The FLMA says he can't be terminated for being on medical leave. It does not require the position to be left open.
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