Legal Question in Workers Comp in California
In the State of California, how long is an employer required to hold a salaried position for an individual injured at work and on worker's comp?
1 Answer from Attorneys
Simply because you are asking this question, I think you fear for your job. The employer does not need to hold a position open as long as you have not been terminated. At issue for a long period of absence is whether or not you can go back to the position, for my experience is the longer someone is out the greater the work restrictions. In Comp the employer is not required to provide modified work. If your permanent work restrictions prevent you from working your salaried position, then the employer can let you go without consequence. However, there is an ADA requirement that the employer at least make an effort to try and find you modified work within the company.