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I am currently on Short Term Disability, been off since early June 2023. It recently came to my attention that my boss posted to fill my job (named it a different title, but it would mean my existing responsibilities and duties would be modified if this position is filled). The posting is listed as full time permanent. My boss posted for this role a few days after I extended my STD leave in July (recommended by doctor and approved by third party insurance). The posting implies I will be demoted when I return (I'm currently on short term disability that was approved by doctor and third party insurance, scheduled to return in September). From what I'm reading through my research, my employer isn't allowed to modify my job while I'm away without my permission, is this correct? What are my rights in this situation? And should I consult with my boss to get further clarity before I return to work in September?
When you return from your disability you are entitled to return to the same position, duties and compensation as you had prior to your disability. You can certainly clarify this with your employer and if there is any change, please contact us ASAP so we can advise you of your legal options. Our contact info is below.