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


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. 

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