Employment Law/return to work after out on disability
Expert: Margaret M. deMarteleire - 3/1/2013
Question 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.
Answer 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.