Does an empolyeer have to hold your same job if you go out on disability.?

A friend of mine recently went out on short term disability. She was just told that she had been replaced. But, they are guaranteeing her a job with another division of the company. Since it is a commission job, she will be making less money. Is that legal for the company to do that?

This is in the US. She lives in Pennsylvania.

To the best of my knowledge, yes. They can legally do this. If someone leaves on disability and returns to find that their position is now part time, they can apply for unemployment. Same case here, she can apply for unemployment for the difference in wages if it is less than the previous.

It is a question for her to decide, however. Does she want to go that route? Retaliation is illegal but hard to prove if the employer decides to target her and suddenly write her up for EVERYTHING and micromanage.

You cannot file for FMLA until you have been working one year. BTW Report Abuse

They actually are not required to hold a job for you at all in Indiana, though many employers will. We are an at-will state, though (you can fire someone for any reason that is not discriminatory under federal law), so you might check with your state. In some businesses it's not possible to hold the same job, though--my parents own an assisted living facility that usually only has one person per shift. They've had 3 people go on disability, and they've had to hire someone to replace them. It wouldn't be fair to the new person to just fire them when the other person decided to come back.

Yes is illegal and is covered under the disability discrimination act....however if she has been transferred to another position because her previous position was not suited to her physical/mental needs then this would be considered lawful as her employers have made necessary adjustments to allow her to continue work if he/she chooses.....not sure about the salary side though....

Does she fall under FMLA?
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