Alabama Workers Compensation Questions: (30) After suffering a Job Injury, does my Employer have to Hold my Job for me?
We have been asked this question numerous times by workers who just want to get back to work; will my job be there for me? Does my boss have to hold my job if I was hurt at work?
Unfortunately, the answer is no. Absent some contractual obligation, your employer is not under an obligation to ensure that your job is open and ready for you once you fully recover from your job injury. The fact is that most small or mid-sized companies simply cannot afford to have needed positions left vacant for any extended period of time.
But what about the Family Medical Leave Act; doesn’t it force my employer to give me my job back? Even for companies who have over 50 employees, the Family Medical Leave Act (FMLA) does not force employers to give the same position back to the worker-just a similar job; and the FMLA is only effective for those who miss 12 or less weeks a year from work; if you miss more than 12 weeks, then you can be terminated.
If you have suffered a serious injury and fear that you may lose your job, you should know that in Alabama, you may be entitled to additional vocational benefits should this occur.
At Powell and Denny, out attorneys have over 27 years of individual experience handling serious job injuries, and we can help. If you were hurt at work and you have questions about your rights and how to best proceed with your workers compensation claim, do not hesitate to contact one of the experienced Alabama Workers Compensation Lawyers at Powell and Denny today.
Powell and Denny: We Work When You Can’t
Offices in Birmingham, AL and Huntsville, AL
Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 5 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 3 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.
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