Question
Can my employer switch my job because I go on LTD?
I am employed by Fairfax County Public Schools as a middle school Health & Physical Education teacher. I was injured at work in September 2022 when a student ran into me, we collided heads and I suffered a concussion. I last worked on October 19th and since have been receiving Worker's Compensation (administered by Sedgwick) and Short Term Disability (starting in November 2022 from my employer). During that time I have made multiple attempts to return to work with minor restrictions/accommodations however have been denied as my job description requires me to be at full capacity. The STD period is nearing the end and Long Term Disability will be handled by MetLife.
My concern is that when I go on LTD, my employer will not hold my current position for me. And they will hold "a position" for me and not necessarily the one I had at the time of the accident. I have several certifications on my teaching license and I am fearful they will use that against me and place me somewhere other than the middle school HPE position (whether within my current building or to a completely different location).
My concern is that when I go on LTD, my employer will not hold my current position for me. And they will hold "a position" for me and not necessarily the one I had at the time of the accident. I have several certifications on my teaching license and I am fearful they will use that against me and place me somewhere other than the middle school HPE position (whether within my current building or to a completely different location).
Answer
Maggie, your employer, under the Family Medical Leave Act (FMLA), is only required to protect your job for 12 weeks, assuming you file for FMLA. I do not believe the law requires them to hold your prior position and they may also have the right to terminate you for not returning. The issue of being terminated is a question that would be better answered by an employment attorney. Since you indicated that you have long term disability with MetLife, make sure you have submitted your application for disability benefits so that you can avoid a gap in payment between short term and long term disability payments.
