Does my employer have to keep my job open while I'm on FMLA leave?
Yes, employers in Florida must keep a job open for an employee on an approved Family and Medical Leave Act (FMLA) leave. The FMLA guarantees up to 12 weeks of unpaid leave and job protection for workers in both public and private sectors. This means that if you are on an approved FMLA leave, you have the right to return to the same job or an equivalent one after your leave is over. The job protection provisions of the FMLA cover salaried, hourly, temporary, part-time, and full-time workers in Florida. Your employer must maintain your healthcare benefits while you are on leave and even pay for a portion of the premiums if you are required to continue paying them. Additionally, your employer must also restore your vacation, sick, and personal leave time that you had accrued prior to taking your FMLA leave. In Florida, employers must return workers to their same or an equivalent job position upon applying for FMLA leave. The job must be similar in pay, benefits, and other employment terms and conditions. If the employee is able to return to work, the employer may not deny them any job privileges that they had before taking their FMLA leave. In short, employers in Florida must keep a job open for an employee on an approved FMLA leave. The employer must also maintain healthcare benefits and other employment privileges while on leave. Once the leave is over, the employee must be restored to their same job or an equivalent one.
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