If an employee has been on disability for over a year and wants to come back, do we have to provide a job for her?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If an employee has been on disability for over a year and wants to come back, do we have to provide a job for her?

The employee has had serious back issues and wants to come back as a waitress. We are concerned that this could become a workmen’s comp issue down the road. She is 74 and quite frail.

Asked on May 18, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you don't need to bring her back or provide a job for her if she has been out for a year, unless you had given her some written contract or agreement that you would do so. Disablity is income replacment (money) for someone who cannot work; it does not hold or guaranty a job or a return to employment. FMLA (Family and Medical Leave Act) leave would hold or protect a job, but since FMLA leave is for a maximum of 12 weeks (even if the business is large enough to covered by FMLA and the employee met the eligibility requirements), this would not help someone who was out for more than 12 months. You do not need to provide her a job.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption