Legal Question in Employment Law in Missouri
Surgery and Keeping your job
My wife works as a nurses aid in a hospital she has worked as a nurses aid for a year recently and a few years befor but she got out and raised our kids.anyhow she recently found out that she needs surgery (possibly a hystorectomy and a bladder lifting. ) she has trouble not peeing herself.The hospital she works at wont let her off to have surgery and come back to her job when healed...they want her to voluntarily resign and re apply when healed....she is worried about job security , if she has this surgery she wants to know her job is still there when she heals..she wants to make sure she can come back to work. can the hospital make her quit her job?is it legal to make her resign and reapply.?My question simplified is
Can an employer deny you your job if you need surgery,and do you have to start at the bottom if you return or can you reclaim your job and payscale as it was befor you needed surgery? they told her she would have to start at the bottom again and work up like a rookie.....she makes close to 9 dollars an hour should she be demoted simply because of a need for surgery? thank you and pleas give me an answere ..our kids and life depend on it.
1 Answer from Attorneys
Re: Surgery and Keeping your job
The Family Medical Leave Act gives some protection in this area. It depends on how long she has worked for the employer. If she has worked long enough then she is entitled to 12 weeks of leave and her job with full senority available when she returns. I need more information to give you a more complete answer.
Please feel free to contact me if you have any more questions.
Alan G. Crone
901.527.5522
901.529.1432 (fax)
www.cronemason.com
www.agerights.com
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