Legal Question in Medical Leave in California
Holding your job open when on FMLA leave
Is the employer obligated to hold the employee's job open for them, while they are on a Family and Medical Leave Act (FMLA) leave.
Asked on 1/08/98, 3:16 am
1 Answer from Attorneys
Bahman Eslamboly
Eslamboly & Barlavi
Holding your job open when on FMLA leave - REPLY
Yes, an employer may not legally terminate an employee while they are off on a Family and Medical Leave Act (FMLA) leave. Upon the employees return to work, the employer is obligated to reinstate them to their prior position of employment, but if that job is no longer available, then the employer must offer the employee comparable employment.
Answered on 1/08/98, 3:16 am