Omaha, NE asked in Workers' Compensation for Nebraska

Q: Can a worker be replaced while on medical leave ?

An employee while on leave was told he will probably need to get better sooner. The company will need to train others if he's not back soon. This sounds like the employer is threatening his job due to his disability.

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1 Lawyer Answer

Jeffrey Lapin

Answered
  • Workers' Compensation Lawyer
  • Lincoln, NE
  • Licensed in Nebraska

A: Workers' compensation does not protect an employee job while he or she is recovering and is on "medical leave." However, there might be other laws, which are beyond the scope of workers' compensation law, that might protected an injured worker's job such as the Family and Medical Leave Act (FMLA). If you have questions about the FMLA or other laws that protect an injured worker's job while on medical leave I would re-ask your question and select "Employment Law" rather than "Workers Compensation Law."

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