Is it legal for employer not to hold job due to medical issues?

I had a baby 7 months ago and used my 12 weeks of FMLA; I had complications from my labor and needed surgery. My employer did not offer me leave and stated they did not need to hold my

job. Is this legal?

Asked on May 5, 2016 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Once you use up your FMLA leave, your employer is not obligated to hold your job any longer, except and only if you can cover any additional time away from work with paid time off (e.g. sick or vacation days). They are also not required to give you additional leave. Employers are not required to retain employees who miss work when the absence is not covered by PTO or FMLA leave. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.