By law how long does an employer have to hold your job for, in the state of CALIFORNIA?What are the limitations on this law?
How Long Does An Employer Have To Hold Your Job By Law In California?
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California is an “at will” state. That means your employer can terminate you at any time, if they so desire. The one exception that I know of is for taking FMLA leave (for childbirth, for a serious illness, etc). Employers must provide 12 weeks of leave for FMLA; anything past that is optional and not legally required. There are limitations, for instance, for small businesses, and for positions that are vitally important to the company (like executives) when it would be a hardship to the company to hold that position.
Edit: I just saw your other question about worker’s comp. I looked up the worker’s comp website here http://www.dir.ca.gov/dwc/dwc_home_page.… and tried to find the answer but I couldn’t find anything. You should try looking further. At any rate, they don’t have to hold your job indefinitely – I know someone who received a career ending injury several years ago, and while she continues to have her medical treatment for the injury covered, the employer let her go as soon as legally possible (maybe 12 weeks, but I’m not sure).
Hold it for what reason?
By law how long does an employer have to hold your job for, in the state of CALIFORNIA?What are the limitations on this law?
If you’re on leave under the Family and Medical Leave Act benefits (if you’re sick or to give birth), you are entitled to as much as 12 weeks of job protected leave. If you’re not on the FMLA, the employer may unfortunately terminate you upon their will unless you have an employment contract which provides for the terms of the termination of your employment.
For more information about employee leaves including those under the FMLA, check out our employee rights blog http://www.takethisjobnshoveitblog.com.