Add Comment Question: does a company have to guarantee postion and pay for a person who is returning from sick leave Answer: The company has to make every effort to take the person back to the same job. If the company doesn't do this, it could be a human rights issue and potentially a wrongful dismissal. If that is your situation, please give us a call. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.