How long due we need to hold a position for an employee injured in a non-job related accident?

UPDATED: Oct 1, 2022

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How long due we need to hold a position for an employee injured in a non-job related accident?

An employee hit by car while on motorcycle about 3 months ago. They broke their neck and are currently on DI Accident. This worker may not be physically able to do previous job. They can drive but are limited in what they can do. We are currently still paying for their health insurance.

Asked on August 22, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You only need to hold it for duration of:
1) His FMLA leave, assuming your company is covered (at least  50 employees within a 75-mile radius) and he is eligible (worked there at least a year; worked at least 1,250 hours in the past 12 months); or
2) His paid time off (e.g. sick or vacation days), if he has any; or
3) The sum of the above, if he uses FMLA leave plus PTO to extend his time out.
Once an employee is done with (and/or never had access to) FMLA leave or PTO, you do not  need to hold his job.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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