Medical leave of absence ( Archived) (10)

If you had to have surgery and recovery time was expected to be about 4 months, do you think your employer should be obligated to hold your job for you until you get back?

If you have an FMLA they are obligated to hold "a" job for you not necessarily the job you have now.

yes,I do.
As long as you keep sending in notes from the doc

Well, it all comes down to the law, and your kind of contract and nature of your work.

absolutly ,,BUT ,,I think that it all depends on how long were employed there...

"Small companies may not have to comply with FMLA law. The size requirement for application of FMLA is 50 or more employees within a 75 mile radius. Companies that have less than 50 employees within 75 miles can terminate a person on extended leave because they are not protected under FMLA.

Employees who have not worked a minimum of one year or 1,250 hours for that employer are not entitled to the job-protected leave as described. If a person has not worked the required hours or at least a year, they are not covered under FMLA. If they take an extended leave, it is possible that they will not be allowed to return."


This company has 40 employees. The person I speak of is 74 years old, holds the position of housekeeper and works part time. Even though she started working for the company back when Moses wore knickers, I don't believe this law applies to her.

"As it stands today, FMLA allots 12 weeks, or 480 hours, of unpaid time off to employees with job protection. This leave can be used for serious personal illness, medical treatments, or the birth of a child. "



Even if she qualified, this law only allots 12 weeks, not 4 months. She also said because of her age, she will likely need more than 4 months because she will not heal as quickly.