Human Resource Blog

NC Job Security Under FMLA

Is there any federal or state law that requires a North Carolina employer to “hold a job open” for an employee on FMLA?

The law is not concerned with what you do while the employee is on leave. It only says that the worker returning from leave has the right to be reinstated to his or her old job, or one with very similar pay, benefits, and conditions.

So you don’t have to “hold a job open,” if that means leaving it vacant during the regular employee’s leave period. That would be bad for business, and the federal government does not expect you to suffer damage to your production or customer service during the leave period.

It’s a common misconception of employers that the FMLA regulations require them to “hold the job open.”

You have several options during the leave period.

In jobs with a great deal of responsibility, for example, you might consider promoting someone to the position of “Acting Manager” for the duration of the leave. This can be beneficial both to you and the person you promote. You have insured that an important position does not go vacant, while the employee you promote gains skills and valuable resume material. The important thing is that everyone concerned understand that the position is temporary. A written agreement would be useful.

Sometimes, employers will simply hire another permanent person. When the employee on leave returns, you then have a staff of 13, for example, instead of 12. This is often useful in businesses with rapid turnover. It provides the buffer needed if you should lose a staff member.

Alternatively, you could hire a permanent worker with the understanding that his or her job duties would change once the employee on leave returns.

Finally using a “temp” agency may be just the solution for you. A temporary worker would understand that the job would last only for the duration of the leave period.

In short, the law mandates that a North Carolina worker be returned to his or her job or one with very similar pay, benefits, and conditions. JH