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

In North Carolina, the answer to your question is yes. As an employee in the state, you are protected by the Family and Medical Leave Act (FMLA). This federal law applies to all employers with 50 or more employees and also to public agencies and certain private elementary and secondary educational institutions. Under FMLA, your employer must keep your job open and available to you while you are on FMLA leave. This includes the job itself, the number of hours you normally work, and the terms and conditions under which you worked. Your employer cannot replace you with another employee while you are on FMLA leave. However, if you are unable to return to work after the 12-week FMLA leave period due to your medical condition, your employer can terminate your employment. In addition, if you voluntarily resign or fail to return to work after the leave period, your employer is not required to keep your job open. In short, your employer must keep your job open and available to you while you are on FMLA leave in North Carolina. As long as you return to work after the 12-week period and meet the other terms of your job, you should be able to have your job back.

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

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