How long due we need to hold a position for an employee injured in a non-job related accident?

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How long due we need to hold a position for an employee injured in a non-job related accident?

An employee hit by car while on motorcycle about 3 months ago. They broke their neck and are currently on DI Accident. This worker may not be physically able to do previous job. They can drive but are limited in what they can do. We are currently still paying for their health insurance.

Asked on August 22, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You only need to hold it for duration of:
1) His FMLA leave, assuming your company is covered (at least  50 employees within a 75-mile radius) and he is eligible (worked there at least a year; worked at least 1,250 hours in the past 12 months); or
2) His paid time off (e.g. sick or vacation days), if he has any; or
3) The sum of the above, if he uses FMLA leave plus PTO to extend his time out.
Once an employee is done with (and/or never had access to) FMLA leave or PTO, you do not  need to hold his job.


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