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.

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

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