How Long Does An Employer Have To Hold A Job For Someone On Medical Leave?

Employers must hold jobs for eligible employees on medical leave under FMLA for up to 12 weeks annually. Maintain compliance by understanding key eligibility criteria and job restoration rights during medical leave.

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

How long does an employer have to hold your job while on FMLA?

In accordance with the Family and Medical Leave Act (FMLA), employers are required to maintain employment for individuals on medical leave for a maximum of twelve weeks within a twelve-month season.

In addition to medical care, people typically have to worry about things like work and financial stability when they’re sick. Many people wonder how long a company must keep an employee on the payroll while they are out sick.

The FMLA, or Family and Medical Leave Act, is essential to this debate because it protects workers’ rights when they take time off due to illness or injury. The following is a brief explanation:

The Family and Medical Leave Act (FMLA) guarantees certain workers the right to twelve weeks of unpaid leave every year, up to a maximum of twelve weeks. This means that employees who are away on medical leave can go back to their old jobs or ones that are similar when they return, without fear of retaliation from their employers.

The Family and Medical Leave Act (FMLA) guarantees workers’ rights to continue receiving their health insurance benefits even when they are out on leave, so they need not worry about losing access to critical medical treatment.

Factors to Consider for Employers and Eligibility

The Family and Medical Leave Act (FMLA) lays the groundwork, but there are particular eligibility requirements and employer factors to consider:

Workers must satisfy certain conditions in order to be eligible for Family and Medical Leave Act (FMLA) protections. These include, but are not limited to, working for an eligible employer and meeting tenure requirements. You can stay in compliance with FMLA regulations by learning the ins and outs of eligibility.

Under the Family and Medical Leave Act (FMLA), covered firms are required to provide their employees with health benefits and as many as 12 weeks of unpaid leave per year. To further promote continuity and equity, businesses must restore returning employees to their previous positions or ones that are substantially similar.

Last but not least, the Family and Medical Leave Act (FMLA) guarantees eligible workers as many as twelve weeks of unpaid leave without losing their jobs. Make sure you prioritize your health and well-being without sacrificing your professional security by getting to know the FMLA requirements, being proactive with employers, and seeking knowledgeable assistance when necessary. This will help you manage medical leave with confidence.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

Can Managers Receive Tips in California? No.

Can Managers Receive Tips in California? No. Under California law, a manager cannot take any part of a tip that's left for an employee. This means that you can't be forced to share your tips with the manager, supervisor, or owner of the business.  In California, when an employer or another supervisor or manager takes an employee's tips, it is considered a wage and hour violation.

Can Managers Take Tips In California?

No, in California, it is strictly prohibited for your manager to take tips that are intended for employees. California labor laws clearly state that tips are the sole property of the employees to whom they are given, and managers, supervisors, or employers cannot collect, share, or deduct any portion of these gratuities.

Lawyer Answers FAQ: California Lunch Break Law and Meal Break Law

Most California workers must receive the following breaks: An uninterrupted 30-minute unpaid meal break when working more than five hours in a day. As a general rule, and insofar as practicable, the rest break must be in the middle of each four-hour work period.

When did tips become taxable?

Tips became taxable in 1965 when legislation extending Social Security coverage to tips (for both taxation and the calculation of retirement benefits), required a tipped employee to report monthly all such tips received in one or more written statements furnished to his employer.
Is Job Abandonment Considered a Resignation in California

Is Job Abandonment Considered a Resignation in California?

Job abandonment in California is viewed as voluntary resignation when employees fail to notify their employer after extended absences. Employers should implement clear policies, address legitimate exceptions, and follow labor laws to manage job abandonment appropriately

California Lunch Break Law [2025]

This article answers common questions, such as "How many hours do you have to work to get a lunch break?" and "Can I work 6 hours without a lunch break in California?" Under California law, employees must be provided with no less than a thirty-minute lunch break when the work period is more than five hours. In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a lunch break.
Overtime - Understanding California’s laws and employee rights

Overtime: Understanding California’s laws and employee rights

California's overtime laws require non-exempt employees to receive extra pay for working over 8 hours a day or 40 hours a week. Employees must be compensated at 1.5 times their regular rate for hours beyond these limits and double pay for excessive hours on the 7th consecutive workday.

Why would someone ask for their personnel file?

Employees who believe they have been fired as a result of unlawful discrimination, retaliation, or harassment will often request their personnel file. Those files may contain information that helps you prove discrimination, harassment, or other civil rights violations.

Can You Refuse to Work If You Haven’t Been Paid?

Legally, you may have the right to refuse work if your employer hasn't paid you because it is constructive termination and wage theft by the employer. If your employer hasn't paid you, should should review your contract before not working.

What Happens If I Don’t Get Paid on Payday?

If you don't get paid on payday, contact an employment attorney immediately and ask for help getting the wages owed to you. Alternatively, if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. 

How long can an employer not pay you?

Your employer must pay you on pay day if you did not resign or fired from your job. If you're fired from your job, you must be paid the same day. If you quit your job, you must be paid within 3 days. 

Do You Get Paid for Training? 

In California, employees are generally entitled to be paid for training as long as its job-related and mandated by the employer.

Is Unpaid Training Legal in California?

Yes, unpaid training is illegal in California. California employers must pay for mandatory training. Employees not paid for meetings or job training can sue for unpaid training.

Is It Illegal To Not Pay Overtime?

Yes, it is illegal for employer to not pay overtime. Overtime pay is 1.5 times an employee's regular rate of pay. Not all employees are eligible for overtime.
Is It Illegal to Work Seven Days a Week

Is It Illegal to Work Seven Days a Week?

Working seven days a week varies by state, with California laws addressing rest days and overtime pay rules. Employers must ensure compliance with labor laws to guarantee proper compensation and protect employee wellbeing.
How Many Hours per Week Is Considered Full Time

How Many Hours per Week Is Considered Full Time?

Find out what constitutes full-time employment, typical workweek lengths, and the benefits of full-time jobs, including health insurance and PTO. Learn how employers define full-time hours, overtime rules, and requirements for family leave under FMLA.

How To Report A Company Paying Employees Under The Table

If you are an employee being paid under the table, you can make a whistleblower report by contacting attorney Brad Nakase. Attorney Nakase does not charge an upfront fee and works on a contingency basis, collecting a percentage of the recovery. This ensures you can pursue your claim without financial barriers.

Contact our attorney.

Please tell us your story:

0 + 5 = ?