I am often asked as an experienced White Plains Employment Lawyer, if an employer is required to hold a position while an employee is out on extended leave. Under the FMLA, the family medical leave act, certain employers are covered by this provision of law and it can enable an employee to take up to 12 weeks of leave in NY. There are of course provisions that sometimes require to exhaust any accrued time upfront, say if it's vacation time or sick time that they have available for them and can be used during that period of absence. The employer often times is faced with a difficult position of, if they can fill this employees position while they are absent and what if they don’t want this employee to come back, can they eliminate this position. Let’s say the employee was out for two weeks and you realized that you can actually do this job with the existing staff and you don’t need this person to come back and therefore saving money. These are all difficult questions that involve not only the Family medical leave act but also questions about the disability laws and whether they will be protected under those laws. Sometimes,you may have employees who are filing applications for short term disability or long term disability at the same time and you need to consult with White Plains Employment Lawyer who is familiar with these areas of law in order to navigate through them.
If you are an employer an unsure if you need to hold a position for an extended leave employee, contact our experienced White Plains Employment Lawyers.