We have an employee who has been out with a work-related back injury for more than six months. We have not received any indication from her doctor about when she will be able to return. Must we keep her on workers’ compensation leave indefinitely? Do we have to hold her job open forever?
The short answer is no. Minnesota workers’ compensation law does not require employers to provide indefinite leave for an employee who has suffered a work injury.
An employee on extended workers’ compensation leave who has exhausted any FMLA leave may be lawfully terminated and does not have an absolute right to reinstatement once they are medically cleared to return to work.
However, Minnesota law still requires employers to conduct a fact-based analysis similar to the ADA’s reasonable accommodation standard. If an employer has been given a definite return-to-work date, even one that’s months away, they must assess whether it is reasonable to keep the position open or whether doing so would create an undue hardship for the business.
Courts have generally ruled that it is not reasonable to accommodate an indefinite or lengthy leave of absence when the employee cannot establish if or when they will be able to return. If terminated, however, the employee should still be free to reapply once medically able to work again, with or without accommodation.
Employers must also be cautious about potential legal exposure for unlawful retaliation against employees asserting their workers’ compensation rights. It’s essential to act consistently with how other types of leave—such as medical or personal leaves—are handled to avoid claims of discrimination or retaliation.
Minnesota Work Comp Law
While employers are not legally obligated to hold a position open indefinitely for an injured worker, they are expected to act reasonably and in good faith. Employers should also be aware of potential legal risks when terminating or replacing an injured employee.
Timing matters. When evaluating a retaliation case, one of the first things our attorneys review is the temporal relationship between a termination and a key workers’ compensation event—such as the injury, claim filing, or change in medical status. If an employer fires an employee shortly after they file a claim, undergo treatment, or receive a new medical restriction, it can appear retaliatory and may violate Minnesota law.
The law seeks to balance fairness. A business cannot be expected to hold a position open forever, but an employee should never be punished for being injured on the job.
If you’ve been injured at work and have questions about your rights or your employer’s responsibilities, call or text the workers’ comp lawyers at 612-INJURED at (612) 465-8733. We offer free consultations and will take the time to listen to your story, answer your questions, and explain how the Minnesota workers’ compensation process works.