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Employees on disability

jmorelandjmoreland 3 Posts
in HR & Employment Law Vote Up0Vote Down
Excluding FMLA what are the requirements for an employer to hold a position open while an employee is out on disability for what ever reason, ie; having a baby, surgery, extended illness etc.
We are an NJ employer
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  • 6 Comments sorted by Votes Date Added
  • PorkPork 1,271 Posts
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    jmoreland: WHAT DOES YOUR COMPANY POLICY SAY? WHAT HAS THE COMPANIES'HISTORY ON DEALING WITH THIS SUBJECT BEEN? In order to assist you with reasonable advice, we really must know a little more. Pork
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  • jmorelandjmoreland 3 Posts
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    Pork,
    Thanks for your response. Our current policy manuel does not address this issue. We are in the process of updating our policy manuel and would like to include a policy for those that go out on diasbility. Our initial thought is to inform the employee that the position may be filled and when they are able to return we will make every attempt to find a position for them in the event their position has been filled.
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  • LFernandesLFernandes 314 Posts
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    Are you an employer covered under the FMLA? If so, the employee may be entitled to the Federal 12 weeks of FMLA (unpaid) leave. Keep in mind that some states (like California and Rhode Island) grant employees longer leave times. We run STD concurrently with FMLA. If they aren't able to return to work upon the exhaustion of the FMLA entitlement, they are terminated. However, we do have a rehire policy. If their job is still open when they are able to return, we rehire them back to their position and "bridge" their time.
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  • jmorelandjmoreland 3 Posts
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    We are a FMLA employer. Our concern are situations other than FMLA, we welcome comments and suggestions.
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  • LFernandesLFernandes 314 Posts
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    I'm not trying to be difficult here but in your or original post you mentioned having a baby and surgury. Both of these would fall under the FMLA as well as an EE serious health condition. What is your elimination period for STD?

    Lfernandes
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  • njjelnjjel 1,235 Posts
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    As a NJ employer you may also be required to offer New Jersey Family leave which runs in addition to STD and FMLA in certain instances - birth of a child is one of them.
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