Does the FMLA require employers to hold a job for an employee on FMLA leave?

Yes, the federal Family and Medical Leave Act (FMLA) requires employers to hold a job for an employee taking leave for a medical or family reason in the state of California. The FMLA is a law that requires employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons. When the employee returns from FMLA leave, the employer must return the employee to the same or an equivalent job with the same pay, benefits, and other terms and conditions of employment. Employers must hold the employee’s job during the FMLA leave, meaning they cannot terminate the employee or reduce their hours while they are on leave. This guarantee of job protection only applies to eligible employees, so employers will need to review the employee’s FMLA eligibility requirements to determine whether they must hold the job. Employers should also be aware of the rules around returning employees to their same or equivalent jobs, which include reinstating the employee to the same job or to a job with equivalent pay, benefits, and other employment terms and conditions. Although employers must hold the job for the employee returning from FMLA leave, they do not have to pay the employee during the leave, as this is considered a period of unpaid leave. The employer can, however, opt to pay the employee during the leave and still be eligible to receive the tax credit associated with the FMLA.

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Does the FMLA require employers to hold a job for an employee on FMLA leave?

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