When an employee gets injured on the job, workers’ compensation benefits help cover medical costs and lost wages. But what happens to their job while they recover? Many employees wonder if their employer is required to hold their position open. The answer depends on several factors, including employment laws, company policies, and the duration of the employee’s recovery.
Does an Employer Have to Hold Your Job?
In most cases, employers are not legally required to hold a job open for an employee who is on workers’ compensation. This means that while an injured worker may receive benefits, their employer has the right to fill their position if it is necessary for business operations. However, an employer cannot fire someone just because they filed a workers’ compensation claim. That would be considered retaliation, which is illegal.
At-Will Employment and Job Security
California is an at-will employment state, meaning employers can terminate employees for almost any reason, as long as it is not illegal. If an employee is unable to work for an extended period, their employer may decide to replace them. However, if there is evidence that the termination was due to the workers’ compensation claim, the employee may have grounds for legal action.
Protection Under the Family and Medical Leave Act (FMLA)
Some employees may qualify for job protection under the Family and Medical Leave Act (FMLA). FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for medical reasons, including work-related injuries. However, not all employees qualify. To be eligible, the following conditions must be met:
- The employer must have at least 50 employees within a 75-mile radius.
- The employee must have worked for the company for at least one year.
- The employee must have logged at least 1,250 hours in the past 12 months.
If an employee qualifies for FMLA, their employer must hold their job for 12 weeks. Once this period ends, the employer is no longer obligated to keep the position open.
Returning to Work With Restrictions
After a workplace injury, a doctor may clear an employee to return to work with certain restrictions. These could include:
- Lifting limitations
- Reduced work hours
- Modified job duties
Employers must provide reasonable accommodations if possible. However, if the employer cannot accommodate these restrictions, the employee may remain on workers’ compensation benefits until they can fully return to work.
Can an Employer Fire an Employee on Workers’ Comp?
An employer cannot fire an employee simply because they filed for workers’ compensation. However, they can terminate employment for other reasons, such as:
- The position is no longer available.
- The company needs to fill the role to keep operations running.
- The employee’s recovery period is too long for the company to sustain their absence.
If an employee believes they were fired in retaliation for filing a workers’ compensation claim, they may have a wrongful termination case. Speaking with an experienced attorney can help determine if legal action is an option.
Need Help? Contact Hinden & Breslavsky Today
Workers’ compensation protects employees by covering medical expenses and lost wages after a workplace injury. However, it does not guarantee job security. Employers are not required to hold a position open indefinitely, but they cannot terminate an employee simply for filing a claim. If you believe your employer has treated you unfairly while on workers’ compensation, contact the Law Offices of Hinden & Breslavsky, APC at (323) 954-1800 for a free consultation. Our team can review your case and help you understand your legal options.