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  1. #1
    rindtam is offline Junior Member
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    How long does my employer have to keep my job

    What is the name of your state? CA

    I recently applied for workers comp. benefits, and was told immediately to leave my job because it was making my problems worse. I worked at this job for 17 years as a bookkeeper and was quite set in the ways I kept the books. I heard thru the grapevines that since I left everything became computerized, therefore changing the job.

    How long does my company have to keep my job available for me? What is their obligation regarding keeping it the way it was? What happens if I am unable to do the job the way they have it now? Can they just eliminate the job, and if so, do they have to wait until my case is finished (which may take years!)?

    Thanks!
  2. #2
    cbg
    cbg is offline Senior Member
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    Assuming that your employer has more than 50 employees within a 75 mile radius, he has to hold your job for 12 weeks. After that, he can legally terminate your employment, no matter how legitimate the medical reason you are unable to return. He does NOT have to hold it until your claim is up.

    There is one qualifier. IF your job is eliminated for business reasons which would have happened regardless of whether you took medical leave or not, then he does not have to hold your job any longer than you would have been in the position had you not taken leave. I realize that's a confusing sentence. What I mean is, if six weeks into your leave your job is eliminated for a reason that would have happened anyway (such as computerizing your function) then he can term you at that time. He does NOT, in that case, have to wait till the end of the 12 weeks.

    If your employer does not have 50 employees within a 75 mile radius, then he doesn't have to hold your job any longer than company policy says.

    In some states, and while I am not sure I think your state is one of them, because your medical condition was work related, if you are termed because you are unable to return at the end of the 12 weeks (this does NOT count if you are termed because your position has been eliminated for business reasons unrelated to your leave) then he has to give you preference in hiring for any position that legitimately opens up AND for which you are qualified after you are able to return to work. He does NOT have to create a new job for you, bump someone else out of their position or hire you for a position for which you have no qualifications, but if he has an opening for which you are qualified he has to give you preference. Again, I am not 100% sure that your state has this law but I'm pretty sure it does.
  3. #3
    rindtam is offline Junior Member
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    How long....

    Thanks for the quick response.

    I work in a non-profit company, and we only had 4 office employees including myself. Now that I can't work, they had to come up with an alternative, so the others took some of my responsibilities while computerizing the process, and for the rest they are considering out-sourcing. This will essentially eliminate my job.

    In this case, would the company still have to hold my job for 12 weeks before officially eliminating it? And what if I come back before the 12 weeks and the position really doesn't exist any longer?

    Thanks,
  4. #4
    cbg
    cbg is offline Senior Member
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    With all due respect, I answered both those questions in my first post.

    Since your employer has less than 50 employees, they do not have to hold your job any longer than company policy states. Essentially, they do not have to hold it at all.

    If your job has been eliminated, they do not have to create a new job for you.

    I realize that you are looking for confirmation that you are not going to lose your job, but the fact of the matter is, you probably are.
  5. #5
    soreankle is offline Junior Member
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    Quote Originally Posted by cbg
    With all due respect, I answered both those questions in my first post.

    Since your employer has less than 50 employees, they do not have to hold your job any longer than company policy states. Essentially, they do not have to hold it at all.

    If your job has been eliminated, they do not have to create a new job for you.

    I realize that you are looking for confirmation that you are not going to lose your job, but the fact of the matter is, you probably are.
    I've read that if the job is eliminated, the employer must find one of similar pay for the employee.

    The 12 weeks you are thinking of has to do with Family Medical Leave.
  6. #6
    cbg
    cbg is offline Senior Member
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    I've read that if the job is eliminated, the employer must find one of similar pay for the employee.

    Then you need to expand your reading, because that is not true.

    There are NO circumstances when an employer is required to provide any other job at all when an employee's job is eliminated, let alone one of similar pay, unless the employee is working under a bona fide, enforceable contract that specifically says so.

    The 12 weeks you are thinking of has to do with Family Medical Leave.

    Believe me, I am well aware that the 12 weeks has to do with FMLA. I do this for a living. The fact that the OP's injury was work related doesn't mean that FMLA doesn't count. If FMLA applies with regards to size of employer and length of employment, the employer not only can, but must, apply the FMLA protections EVEN IF the injury is work related.

    FYI, the ONLY circumstances, barring a contract, in which the employer is required to find an equivalent position if the original job is no longer available, is if FMLA applies AND the employee is able to return to work WITHIN the 12 weeks. Once the 12 weeks has expired, there is no longer any such requirement.

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