can I be replaced

[genia]

I work for a School system in Louisiana. I was tripped at work by a student by accident in March of '08 and now have a neck injury. No lawyers are involed. After many Doctors & appointments my long awaited surgery should be in a couple of weeks on my neck I will finally be able to go back to work after 16 months. When I went to give them another update I was told that my position is being filled. That you only have one year to get fixed and return are someone is hired to fill it. Is this something they can do? I was in my postion for about 15 years.

[1171]

sounds like your leave program has been negotiated and fixed thru a union contract.
if so you should discuss it with a union representative.
it's not something controlled by work comp law.

[genia]

1171 Wrote:sounds like your leave program has been negotiated and fixed thru a union contract.
if so you should discuss it with a union representative.
it's not something controlled by work comp law.

thanks I will call them today

[Bad Boy Bad Boy]

It is also in your Union hand book contract, should be under work injuries or workmens compensation. It will state the elected time allowed under your contract to stay out of work. Some are 6 months, some are 1 year. But, in either case, your employer is allowed by State Law to fill your position. They do have to inform the person hired, that it might be a temp position at time of being hired. But, if your Union contract states your time was used up, then that person hired remains full time from that point on. Your employer though, still has a right to rehire you when the next position comes up. Mostly putting you in front of applicants waiting to be hired.

I hope that helps some also.