Is my employer required to hold my job for me while I recuperate? - The Law Offices of David E. Gordon

Is my employer required to hold my job for me while I recuperate?

No, unless you qualify for protection under the Family and Medical Leave Act, which is a federal law that gives workers’ 12 weeks of unpaid leave without risk of losing their job. Ordinarily, an individual must have been employed for one year to earn this protection. You should consult a lawyer to see whether you qualify. As a practical matter, most employers do hold the job for the injured worker because the failure to do so means that the worker will be entitled to receive more money for his injury.