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Keeping a job for someone out on workers' compensation

Find out what your options are in keeping a job open for an injured worker.

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I need to replace an injured worker; do I have to hold their job open?

Unless a union contract, or individual contract of hire, requires it, or unless the employee falls under another lawful and recognized protected status, an employer doesn't have to hold a job open while an employee can't work due to an on-the-job injury. But, the workers' compensation law under § 75A does require employers to give preferential treatment in the rehiring of injured workers when they are ready to return to work, provided their is a job available that the employee is capable of doing.

MGL c. 152, § 75B requires employers make all reasonable accommodations to anyone deemed to be a qualified handicapped person under MGL c. 151BYour best bet is to consult a workers' compensation attorney or a labor law attorney.

You can also contact the Americans with Disabilities (ADA) to find out if the injured worker falls into the protected class and what as an employer you may be required to do. You can contact the ADA: (800) 514-0301 (Voice) or (820) 514-0383 (TTY) for further information.

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