Does my employer have to hold my job if I take medical leave?

Yes, you are generally entitled to return to your original job after taking medical leave. California employees have the right to take protected medical leave under state and federal laws, mainly the California Family Rights Act or the Federal Family Medical Leave Act.

If the same job is unavailable, your employer is required to give you a similar position. The job should be equivalent to your original one in terms of working conditions, pay, benefits, duties and seniority. Taking leave should not cause you to lose any benefits that you earned prior to taking leave.

There may be a situation in which you may no longer be qualified for your original job because you were unable to renew a license or finish a course due to the leave. In such cases, your employer should provide you with a reasonable opportunity to meet those requirements once you resume work.

While you should generally be able to return to your job after taking leave, there are a few exceptions. For example, if your employer discovered performance issues while you were on leave, terminating you would not be unlawful. However, it is important to note that both state and federal laws prohibit employers from retaliating against employees for taking leave.

If you return from leave and find out your job is no longer available and you were not offered a similar position, you may be able to sue your employer. Talk to an Oakland employment law attorney about your case and find out how you can hold your employer accountable for violating leave laws. Contact Erlich Law Firm for a free initial consultation.

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My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.

- Jason Erlich

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Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.