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The primary law that provides job security during leave from work is the Family Medical Leave Act (FMLA). It provides 12 weeks of job protected leave for qualified workers, employed by companies subject to the regulation.

You first need to determine whether your employer is subject to the regulation (there is employee size and other criteria), and whether you qualify as an employee (there is criteria based upon tenure and hours worked).

Several states have laws which expand upon the FMLA. Consider the laws for the state where you work.

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10y ago
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9y ago

In many cases an employer does not have to hold a position for an employee on temporary disability. In some cases companies companies are exempt from the Family Medical Leave Act. Employees must also meet certain certain requirements.

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Q: Does an employer have to hold your job for you while out on temporary disability?
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