How Long Does an Employer Have to Hold a Job for Someone on Workers’ Compensation in Missouri?

Job security during workers’ compensation is a nuanced issue in Missouri, with several factors influencing an employer’s obligation to hold a job for an injured worker. 


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In Missouri, understanding how workers’ compensation works can be particularly daunting, especially when it comes to understanding your job security after a workplace injury. The question “How long does an employer have to hold a job for someone on workers’ compensation in Missouri?” is a significant concern for many employees facing this situation.

Missouri’s Approach to Workers’ Compensation and Job Security

Workers’ compensation in Missouri is designed to support employees who suffer from workplace injuries or illnesses by providing medical benefits, lost wages, and rehabilitation services. However, the aspect of job security while an employee is recuperating is a complex matter, influenced by various state-specific regulations and factors.

Missouri’s workers’ compensation laws are crafted to ensure injured workers receive necessary medical treatment and compensation for lost wages. Yet, these laws generally do not offer explicit guarantees about job protection or the exact duration an employer must hold a position open for an injured worker.

The protection of your job while on workers’ compensation in Missouri is not absolute. Several factors come into play, including the employer’s size, the job’s nature, and the length of the employee’s absence due to injury.

Key Factors Affecting Job Retention in Missouri

  • Employer Size and Policies: Larger employers may have more flexibility in accommodating long-term absences, whereas smaller businesses might face operational challenges.
  • Duration of Absence: Longer absences might complicate job retention, as businesses must meet operational demands.
  • Legal Protections: Federal laws like the FMLA and the Americans with Disabilities Act (ADA) might offer some job protection, depending on the circumstances.

It’s crucial for injured workers in Missouri to understand their rights under the state’s workers’ compensation laws, as well as federal protections that may apply. This understanding can help manage expectations regarding job security during recovery.

When to Consult a Missouri Workers’ Compensation Lawyer

If you need more clarification about your job security while on workers’ compensation in Missouri, seeking advice from a seasoned Missouri workers’ compensation lawyer can be a wise step. The Law Office of James M. Hoffmann is well-versed in the nuances of Missouri workers’ compensation laws and can provide the guidance you need.

FAQs

What are my rights if I’m replaced while on workers’ compensation in Missouri? 

If you’re replaced while receiving workers’ compensation benefits in Missouri, it does not necessarily violate workers’ compensation laws. However, federal laws like the Americans with Disabilities Act (ADA) may provide some level of job protection depending on your situation. It’s important to consult with a Missouri workers’ compensation lawyer to understand your specific rights and options.

Can my Missouri employer modify my job duties after I return from a workers’ compensation absence? 

Upon your return, your employer in Missouri may modify your job duties to accommodate your medical restrictions as advised by your treating physician. These modifications should be reasonable and must not discriminate against you due to your injury.

Is there a difference in job security for union vs. non-union workers in Missouri under workers’ compensation? 

Union workers may have additional protections under their collective bargaining agreements, including specific provisions related to job security during workers’ compensation leaves. Non-union workers are generally subject to the employer’s standard policies and applicable state and federal laws.

How does the FMLA interact with Missouri workers’ compensation laws regarding job security?

The Family and Medical Leave Act (FMLA) can run concurrently with workers’ compensation in Missouri, providing eligible employees with up to 12 weeks of unpaid, job-protected leave per year. If you qualify for FMLA, your job or an equivalent position must be held for you, but this does not extend beyond the FMLA entitlement.

What should I do if I face discrimination at my Missouri workplace for filing a workers’ compensation claim?

Missouri law prohibits discrimination or retaliation against employees for exercising their rights under workers’ compensation laws. If you believe you have been discriminated against, it’s crucial to document the incidents and consult with a workers’ compensation lawyer to explore your legal options.

Speak With a Missouri Workers Compensation Attorney

Job security during workers’ compensation is a nuanced issue in Missouri, with several factors influencing an employer’s obligation to hold a job for an injured worker. While Missouri’s workers’ compensation laws provide essential benefits for injured workers, they do not guarantee indefinite job protection. For those navigating the complexities of workers’ compensation in Missouri and concerned about their job security, the Law Office of James M. Hoffmann offers experienced guidance and support. Contact us for a free case evaluation to protect your rights and secure your future.

Speak With a Workers Comp Attorney

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Updated: February 6, 2024