Does my employer have to keep my job open while I'm on FMLA leave?

In California, employers must hold a job open for an employee who is on leave for a “qualifying event” under the Family and Medical Leave Act (FMLA). This qualifying event may be for a serious health condition, the birth or adoption of a child, or to care for a family member with an illness. For example, an employee may be able to take up to 12 weeks of unpaid leave to care for a parent who has a serious health condition. When an employee returns from an FMLA leave, they must either be returned to their original job or, if that job no longer exists, to an equivalent one with the same pay, benefits, and working conditions. Therefore, legally, an employer must keep an employee’s job open while they are on leave. Additionally, California offers other, more expansive leave laws. For example, the California Family Rights Act (CFRA) grants employees (who work for companies with 50 or more employees) up to 12 weeks of unpaid leave for certain “family-care” needs. Under CFRA, employers must maintain an employee’s rights and benefits during their absence, and in some cases, employees may even be eligible for paid leave. In summary, an employer in California must keep a job open for an employee who is on FMLA leave and maintain their rights and benefits during their absence. Furthermore, employees may be eligible for additional leave under California’s more expansive laws.

Related FAQs

Can I take FMLA leave to care for a family member if the family member is not the employee's parent, spouse, or child?
Does my employer have the right to request a medical certification for FMLA leave?
What documents do I need to provide to request FMLA leave?
Can I receive compensation for wages or benefits lost due to FMLA violations?
Can I take FMLA leave for a family member's injury, illness, or disability?
Does my employer have to provide me with a guarantee that I will get the same or equivalent job after my FMLA leave?
Does the FMLA cover job-protected leave for the birth, adoption, or placement of a foster child?
Can I take FMLA leave to care for a seriously ill family member who lives overseas?
Are there any restrictions on how much FMLA leave I can take in a 12-month period?
Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?

Does my employer have to keep my job open while I'm on FMLA leave?

Related FAQs

Related Blog Posts