Legal Question in Employment Law in New York

How long your employer must hold your job for you when you are out on medical leave depends on 2 things. First, the federal Family Medical Leave Act (FMLA) requires covered employers to provide employees with 12 weeks of unpaid medical leave to recover/care for a family member in a 12 month period. The FMLA only applies to employers that have 50 or more employees in a 12 months period. Second, if there is a formal sick/disability leave policy either in the employee manual or in contract (employment or union collective bargaining agreement), then the employer must comply with that formal policy.

If you were out of work for more than 12 weeks and if you employer does not have a policy of providing longer periods of sick/disability leave, then the employer does not need to hold your job for you.