Human Resource Blog

OH Job Security Under FMLA

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Management/Leadership
Complete Harassment Forms FMLA Administrator Kit Harassment Prevention Kit Sexual Harassment Kit Workplace Information Sheets

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

There’s a common misconception among employers that the FMLA law requires you to “hold open a job” for a worker on leave. But that’s not the case.

The law essentially doesn’t “care” what you do while the worker is out on leave. It only mandates that, when the leave is over, she or he is entitled to be reinstated to the same job or one very similar. A Ohio worker must be returned to that old job or one with the same pay, benefits, and working conditions, in short.

You are entitled as an employer to fill the job with someone else while your worker is on leave under the FMLA. Certainly the federal government does not expect you to suffer a staff shortage, with its negative effects on production or customer service. That would not be good business.

What are some of the methods available to you in order to cope with a staff shortage caused by a leave of absence?

Here are some possibilities:

Hire a new permanent employee who would understand that his or her duties would change when the regular employee returns from leave.

Be willing to hire an additional employee. Some businesses have high turnover rates. For example, your firm may have 12 hotel desk clerks. Consider hiring a new permanent person. When the regular employee returns from leave, you will have 13. But that might be an effective buffer for high turnover.

For the job with a great deal of responsibility, a good solution is to promote someone from within as “Acting Manager,” for example. That works for both you and that employee. You fill an important vacancy, while she or he gains valuable experience. The key is to insure that there is no misunderstanding that the promotion is temporary. A written agreement might be effective.

Check with a “temp agency” as a solution to your staffing problem. You could hire someone who would understand that the job would last only as long as the leave period does. JH