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

The Family Medical Leave Act (FMLA) is a federal law in the United States. It covers employers in all 50 states, the District of Columbia, and all US territories. In Washington, FMLA protects employers with 50 or more employees from having to provide job protections to employees taking approved unpaid medical leave. Under FMLA, employers in Washington are not required to hold a job for an employee who has taken FMLA leave. However, FMLA does provide certain job protections so that an employee taking FMLA leave cannot be retaliated against or discriminated against for taking FMLA leave. An employee taking FMLA leave cannot be terminated or demoted because they took leave, and they are entitled to their same job or an equivalent job upon returning from FMLA leave. In Washington, an employee who takes FMLA leave is also eligible for accrued sick leave or vacation time to be used during their FMLA leave. This means an employee will still be able to earn additional pay during their leave, even though the job position does not have to be held for them. So, in short, the answer to the question posed is no, the FMLA does not require employers in Washington to hold a job for an employee on FMLA leave. While FMLA does provide certain job protections that ensure an employee taking FMLA leave cannot be retaliated against or terminated, employers are not required to guarantee the employee their job upon returning from leave.

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

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