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LTD Question

SWilkieSWilkie 10 Posts
in Benefits & Leave Vote Up0Vote Down
We have an employee who was out on STD (has used all FMLA time) and now has been moved to LTD. Can we hire someone to replace this employee? When the employee is released from LTD and can return to work, do we have to give the employee the same position back or can the employee work in an equivalent postion (of course with same pay)?

Any advice would be greatly appreciated.

Happy Friday!
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Comments

  • 2 Comments sorted by Votes Date Added
  • PattyluPattylu 7 Posts
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    I believe the employment law you should be looking at is the ADA.
    According to this law you must provide reasonable accomidation.
    But of course this also depends why the employee was out.
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  • bsabsa 359 Posts
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    When FMLA is exhausted, job protection ends.

    BUT, you need to explore the possibility that ADA may be a involved when the ee is released to return to work.

    First and foremost, determine if the ee is disabled or will be. IF the ee is disabled, then will the ee be able to perform the essential functions of the job, with or without reasonable accommodation. If ADA applies, the courts have found that a reasonable accommodation [u]could[/u] be to extend the job protection.

    STD and LTD really have no bearing on FMLA or ADA. They are insurance policies that replace lost income and can make FMLA financially more comfortable.
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