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Employee had transplant

Cindy HannaCindy Hanna 155 Posts
in HR & Employment Law Vote Up0Vote Down
Hi everyone,

I would like to get your opinion on something. We had an employee go through a transplant 16 months ago. Designated FML and then terminated him. The employee wants to come back to his old position but we have moved someone else in his position. Do we hire him as a new hire or should he get his old job back?

I appreciate any opinion, advise, expertise.

Thank You
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Comments

  • 6 Comments sorted by Votes Date Added
  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    Generally, the former employee should be allowed to APPLY for any available position. The company should hire the most qualified applicant for the position. (Which in many cases will be the former employee). The company is not required to create a position or bump an employee UNLESS it is required by an internal company policy or a collective bargaining agreement which gives the employee reinstatement rights.

    Good Luck!
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  • Cindy HannaCindy Hanna 155 Posts
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    Thank you for your response Theresa. If we re-hire the employee who had the transplant what do we do with the employee that replaced him? What do you say to him? The employee that replaced him has 16 months of experience now. I thought the employee with the transplant would start at the bottom and work his way up because he was termed and is looked upon as a new hire. Is this not right?

    Thank you for any help with this matter.
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  • SDDCHRSDDCHR 192 Posts
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    That is correct. This employee would apply just like anyone else and would be selected based upon the fact that they are the best qualified applicant. As Theresa was stating, there's no reason that this employee is to recieve reemployment rights unless you have an internal policy stating such.
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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    You can treat him as a new hire (again, unless there are union issues or a policy issue). I would not move the current employee, and would only rehire the former employee if there was a vacancy.

    Good Luck!
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  • Cindy HannaCindy Hanna 155 Posts
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    Thank you both for responding. We are a non-union and we do have openings. I thought I was handling it the right way but I just wanted to make sure. Thank you again.
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  • HENRYHENRY 21 Posts
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    BEING A TRANSPLANT RECEPIENT MYSELF, WHEN I WAS FIRST WORKING HERE I WAS DOING CUSTOMER SERVICE, I GOT SICK AND MY BOSS SAID I COULD WORK FROM HOME DOING MINOR STUFF SUCH AS CUSTOMER PHONE CALLS AND LIGHT PAPER WORK. NOW THAT I'M BETTER I CAME BACK AS THE PAYROLL & H.R. MANAGER. SO I GUESS IT REALLY DEPENDS ON YOUR COMPANY AND HOW YOUR BOSS FEELS ABOUT THIS PARTICULAR EMPLOYEE, IF HE IS THAT VALUABLE TO THE COMPANY OR NOT. BUT I WOULD ALSO CHECK TO MAKE SURE THERE IS NOTHING IN YOUR CO. HANDBOOK OR CHECK WITH THE LAW IN YOUR STATE ON THE FMLA RULES.
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