Unemployment/medical leave?

I have a family member who has had an opiate addiction for the past 5 years. Recently, he told his employer and was offered paid medical leave to go to treatment. He was told his job would be available to him as soon as he was released to come back. He did so, and upon his return, was informed that he was still indeed employed there, but basically as a broom pusher - down from a very advance position in the company.


Going through union representation will take a long time. Hes been told that if he doesn't take this position, he'll be fired.


My question - If he was to be fired, would he get unemployment? On what conditions does someone get those benefits? I want to help but don't know where to start. And as you might guess, the family is overwhelmed right now.


Honest and non-judgmental answers will be appreciated.


Thank you.



I would have your friend check with a labor representative. He should find out exactly what the terms were for his medical leave and his employer keeping his job open.


It sounds to me like they are just trying to bully him into quitting of his own accord so they won't have to pay him any benefits. (of course, that is my own opinion from reading the above question)


You could also check with your local employment division regarding unemployment benefits; they may also have some answers concerning the medical leave/employment question as well.




If the employee was on medical leave, the employer is required to keep him employed and offer an equivalent position upon his return. The only way he can terminate such person is if the position itself was eliminated through process such as re-organization or layoffs.





I'm sure you didn't actually mean custodial work.





This would be a good time to consult an attorney for options. Someone will need to evaluated all the circumstances and come to a game plan. Getting an anonymous tips from open forums such as this, based on incomplete information won't help you/him much.





Good luck.