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[TX] Does an employer have to reinstate an employee to their job after medical leave ends?
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Wanted to inquire about a possible employment suit.
I understand that dealing with employment issues can be stressful. Can you please describe the specific situation or incident that led to your inquiry about a possible employment suit?
Hello, during my employment I was placed on light duty from my doctor due to a personal medical reason, which my job approved. However, the light duty was about to expire and I was still experiencing medical problems, so my job told me to take ICB (Integrated Care Board), a work leave of absence that allows you to take extended, job-protected time away from your role until you are cleared by your doctor. They told me if I could get approval from my doctor to return to full duty, I could come back to work. So I got approval, about two weeks into the ICB, and went to try to return to work. However, upon trying to return, my store director told me that since I already chose the ICB, I needed to complete the full 12 weeks of ICB before I could return. Upon completion of the 12 weeks, I tried to come back to work, however, they told me my job was not saved or held, and that I would need to reapply to another position at another store. Due to this, my job was taken away and I was unable to go back to work. As such, my question is: do I have any legal action to take against my employer for not saving or giving away my position due to legal medical reasons that were provided by my doctor and approved by my job?
Have you already taken any steps, such as speaking with your employer or filing a complaint?
No.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your employment suit.
No.
Hi there! My name is Dustin, and I'm happy to assist you. Regarding your employment situation, it sounds like there may be some legal considerations to explore. Could you provide more details about any communications or documents you received from your employer during this process?
Hello, I have some recorded voice chat confirming the statement above, from when I was communicating with my employer. Also, the last document I received was them just stating they were placing me on LOA until I reapply to another position or store, but my current job of nine and a half years was lost.
The LOA expires 04/26/2027.
But when I asked about my old position, they stated it was not saved, that I have to look for another position, reapply, and do the interview process again.
This is also in Texas, so I'm not sure if there are certain laws pertaining to Texas employment rights.
Yes, you may have a potential claim, especially if you were medically cleared to return after about two weeks and the employer still forced you to stay out for the full 12 weeks, then refused to restore you to your same or equivalent job. The main laws to look at are the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Under FMLA, eligible employees generally have the right to return to the same or an equivalent job after protected leave. The Department of Labor says an equivalent job must have the same pay, benefits, and terms and conditions of employment. If your leave was FMLA-protected, telling you that your job was not saved may be a serious issue.
Separately, under the ADA, an employer may have to reasonably accommodate a medical condition, which can include leave or returning to work with restrictions when reasonable. The EEOC also states that reassignment may be considered only when the employee cannot perform the current job even with accommodation, and the employer does not have to create a new job or bump another employee.
Texas is generally an at-will employment state, but employers still cannot interfere with FMLA rights or discriminate or retaliate based on disability or medical leave. Texas also has its own state-level protections against disability discrimination in employment under Texas Labor Code Chapter 21, which is enforced by the Texas Workforce Commission Civil Rights Division and generally mirrors the ADA's protections.
I would preserve everything: the doctor's light-duty note, the full-duty clearance, the LOA paperwork, recordings, texts or emails, and any statement saying your old position was not held. Then contact HR in writing and ask: "Please identify the legal and policy basis for requiring me to remain out for the full 12 weeks after I was medically cleared to return, and for not restoring me to my same or equivalent position after leave."
Also, you can file a complaint with the EEOC or the Texas Workforce Commission Civil Rights Division if you believe disability discrimination or retaliation occurred. EEOC deadlines are short, often 180 days, extended to 300 days in some states with a state agency. You should speak with a Texas employment attorney quickly before signing anything or reapplying under terms that could weaken your position.
Okay, thank you, I will do that. I appreciate the information!
No problem. Feel free to ask me other questions if you think of any!
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