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Employment Law/return to work after out on disability


I have been out on disability from my employer almost 2 years   I have health benefits until middle of this  year from my employer. It is my understanding that I am an employee until  then.    I may be able to go back to work, but my employer is telling me they do not have a place for me.  Can they do this?  I live in Texas.

Mert - After two years, any right to reinstatement is gone.  The Family and Medical Leave Act (FMLA) guarantees reinstatement after the twelve weeks granted under that law.  You are well past that time.  Texas has no law that gives more benefits than the FMLA.  You have no right to reinstatement, sorry.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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