Temp replacement while on short term disability allowed?

Ohiofan1974 · Sep 14, 2013

I have been on STD since 7/8/13 and have been approved through 9/26/13. More than likely, it will be extended (employer does not know this). I was told by my manager yesterday (9/13/13) that a temp was interviewed to fill my position while I am out (since no one knows when I will return). This was told to me after we talked about me coming back and working from home. Trusted co-worker told me that the temp was being brought in to "help out" with my workload, but more-so to learn the job of another co-worker who would be going on maternity leave early next year.
Is that legal? There is a "coordinator" in our department that is more then capable of taking on some of my workload!

Proserpina · Sep 14, 2013

Nothing illegal about it at all.

It's not up to you who takes on your workload.

cbg · Sep 14, 2013

Yes, it is quite legal. Nothing in the law says anything about who takes care of your workload while you are out. Your employer can put your work out to bid, redistribute it, hire a temp, or anything else they care to do. It's none of your business what they do with your work load while you are out.

Now, if at the time you are ready to return, they fail to return you to the same job or one that is equivalent in all respects, THEN you might have something. But as long as you are still on leave, who your employer assigns to take care of your job duties is immaterial.

Betty3 · Sep 15, 2013

Agree with other responders. It's the employer's decision who does your work while you are out.

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Temp replacement while on short term disability allowed?

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