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

The short answer to whether the Family and Medical Leave Act (FMLA) requires employers to hold a job for an employee on FMLA leave in New Hampshire is “yes.” When an employee in New Hampshire takes leave under the FMLA, the employer must not only maintain health benefits for the duration of the leave, but must also make sure that the employee’s position remains intact. This means that the employer must make sure the position is still available and waiting for the employee upon return. Employers must also continue to provide the same compensation that the employee was receiving before the leave. It is important to note, however, that this protection only applies to “qualified” FMLA leaves. Only employees who have been employed with the same employer for at least 12 months and who work at a location where the organization has at least 50 employees within a 75-mile radius may be eligible for FMLA protection. Additionally, employers in New Hampshire are not required to pay wages to employees on FMLA leave. Employers may require employees to use paid time off or authorized leave concurrently with FMLA leave to continue to receive regular paychecks while on leave. However, employers may not make the use of accrued leave mandatory. In summary, the FMLA provides New Hampshire employees with certain legal rights and protections, including the right to return to their position at the end of their leave period. This right of reinstatement applies only if the employee is taking qualified FMLA leave.

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

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