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replace worker

blwblw 282 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
In the state of Texas, can I fill the position of someone out on W/C? He doesn't qualify for FMLA - parttime position. I don't want to terminate, our policy allows for a 6 month LOA before termination, but we desperately need to fill the position ASAP. He is beginning his third month off. Thank you.
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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 11-19-02 AT 01:55PM (CST)[/font][p]Texas worker's comp law does not restrict your right to fill the position. It does not require that a position be kept open for any amount of time.

    However, an employee on worker's comp needs to be treated just like any other employee on leave. Filling the position now is no problem, the problem comes in when the employee is ready to return to work. Would you normally bump the new person and give the employee on leave his job back, or would you normally only let him come back if there was a vacancy.

    If you treat an employee on worker's comp leave less favorably than an employee on other type of leave, or you treat employees inconsistantly, the company can be guilty of retaliation for filing a worker's comp claim (which is a difficult claim to defend).

    Good Luck!!
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