Minneapolis employment law attorney Sara Gullickson McGrane discusses leave and returning under the ADA.
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Under the ADA you are not entitled to the same position when you return. Now I will say the vast majority of employers do put you back in the same position, and the reason is there’s another law called the Family Medical Leave Act. And under FMLA if you’re gone 12 weeks you’re entitled to go back to your former position, and most leaves are 12 weeks or less, and so if the employer can, they’re going to put you back in that prior position. If they can’t they’ll help you look for another alternative position that’s similar to the one that you had.