How long must my school hold my job for me due to my being under a doctor’s care?

UPDATED: Sep 30, 2022

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How long must my school hold my job for me due to my being under a doctor’s care?

I am a custodian at school. I have a bad back and have applied for disability. If

I don’t qualify, how long must the school hold my job for me if I have no choice but return?

Asked on April 27, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They'd have to hold it for you for up to 3 months, under the Family and Medical Lease Act (I am assuming that the district has at least 50 employees within a 75-mile radius and so is under FMLA); any longer than that, or any period if FMLA does not apply, is discretionary on their part, and they  could decide when they've held the job long enough.
However, in addition to the above, if you have sick and vacation days, you can use those to extend the time you may be out.

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 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.

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