how long does an employer need to hold an employees job open when he is on state disability. under 50 employee?

Tuesday, October 5, 2010
By WcrAdmin

our employee has been off work for over 7 months due to an injury not work related. He will need more surgery and is looking at much more time off. we have not replaced him yet but plan to in June. Can we do so legally? We are in California.

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3 Responses to “how long does an employer need to hold an employees job open when he is on state disability. under 50 employee?”

  1. I think you can safely fill the position as a “temporary position”, like how employers get people to cover for maternal leave indefinitely.

    #24027
  2. You wrote: “…injury not work related…”

    End of the conversation. The employee’s personal health issues are not a concern for the employer.

    California is an ‘employment at will’ state. That means that an employer can fire an employee for any reason – or no reason at all. In turn, an employee can quit for any reason – or no reason at all.

    You could have cut this guy loose seven months ago if you wanted to.

    - Stuart

    #24028
  3. Under 50 employees, there are NO job protections, even in Calif.
    FMLA provides up to 12 weeks of unpaid leave. After that, you are
    under NO obligation to keep the job, or paid benefits intact. You
    can replace this employee at any time you wish. At this point, you
    have gone beyond what even FMLA or Cal/FMLA mandates. You are free
    to terminate this employee, or grant unspecified medical leave.
    Your choice.

    #24132

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