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

Under the federal Family and Medical Leave Act (FMLA), employers in New York state are not necessarily required to hold a job for an employee who takes leave. The FMLA guarantees up to 12 weeks of unpaid, job-protected leave for eligible employees to care for their own serious health condition or the serious health condition of a family member, to bond with a new child, or to handle certain military-related situations. The FMLA requires employers to maintain an employee’s coverage under a group health plan while taking leave. However, employers in New York must provide eligible employees with the same or an equivalent job upon returning from FMLA leave, unless the employee’s position no longer exists due to a legitimate business decision. For example, if the employee’s job is eliminated due to restructuring or downsizing, that employee is often not entitled to reinstatement. It is important to note that employers may require employees to use their accrued leave, such as paid vacation or sick days, before taking FMLA leave. Furthermore, employers are not compelled to pay employees for FMLA leave. An employee who is taking FMLA leave is generally not able to receive wages or salary from his or her employer while on leave. In conclusion, employers in New York state are not required to hold a job for an employee who takes FMLA leave. However, upon returning from FMLA leave, eligible employees must be provided with the same or equivalent job unless their position has been eliminated due to a legitimate business decision.

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

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