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

Yes, under the Family and Medical Leave Act (FMLA), your employer is required to provide you with unpaid job-protected leave for up to a total of 12 weeks in a 12-month period. This means that your employer must keep your job open for you while you are on your leave. Your employer must treat you as if you had never left, meaning that you have the right to return to your same job, or an equivalent job, with the same pay, benefits, and working conditions as before your leave. This applies to part-time and full-time employees, regardless of how long they have been employed. In Texas, there are some exceptions for employers with fewer than 50 employees. However, since this regulation is a federal law, employers must typically comply with the FMLA requirements even if they are not located in Texas. Furthermore, the FMLA protection only applies to employees who have been employed for at least 12 months and, during that period, have worked at least 1,250 hours. It is important to note that your employer may require you to exhaust other types of leave, such as vacation or sick leave, before using FMLA leave. Your employer may also require you to use your FMLA leave intermittently (in small doses) or on a reduced-leave schedule if medically necessary. It is also important for you to be aware that FMLA leave does not guarantee job security. That means that, even though you are entitled to return to your job after your leave, your employer can still terminate you or lay you off for other reasons.

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

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