My employer just sent me a’ leave of absence form’ that I am to print fill out and send back. Should I complete it and return this form?

UPDATED: Oct 1, 2022

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My employer just sent me a’ leave of absence form’ that I am to print fill out and send back. Should I complete it and return this form?

I am off work under several doctors care, with
a doctors note, healing from surgery broken
bones a torn ligament. I have been off work
for a little over 12 months.
Thank you

Asked on April 3, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Are you requesting a leave of absence? If so, you clearly have to do so. An employer is under no obligation to hold your job indefinitely for you while you are out of work; if you want them to voluntarily hold your job--and note: if you have already been off work for 12 months or more, it is purely voluntary for them to keep holding your job or allowing you to return; the law does NOT give an employee any right to be out so long and return to work, not even under the Family and Medical Leave Act (FMLA)--you have to accommodate them, cooperate, and provide them what they want. That doesn't guaranty they will continue to hold your job or take you back, but if you cooperate, at least they *might*, whereas if you don't cooperate, there is essentially zero chance that they will.

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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