Human Resource Blog

Arkansas Job Security Under FMLA

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

The short answer to this question regarding is no.

The federal Family and Medical Leave Act does not require Arkansas employers to hold a position open for a worker who has to go on FMLA leave. It does, however, require employers to do one of two things. They must either return the worker to his or her previous job, or place that person in a job that has the same benefits, working conditions, and wages when the worker returns.

FMLA legislation does not address what Arkansas employers should do, or need to do, with their business operations when workers are on unpaid leave. If employers feel the need to hire replacement workers, that is perfectly legal. Most employers find it necessary to fill even temporarily vacant positions. Not doing so might have a negative impact on the business operations or quality of customer service

Employers have the freedom to make decisions they think are best for their organization when it comes to filling vacant positions, even on a temporary basis.

One smart option for Arkansas employers is to have a temporary agency fill those positions with short-term workers. Temps are used to working assignments for short periods of time, and understand that their job will last only until the “regular” employee returns to work.

Another popular option is to hire a permanent worker with the understanding that the new employee’s job will change when the FMLA leave ends.

Sometimes employers have certain positions that are filled by multiple individuals. In these circumstances, the best option might be to have the remaining workforce cover for the absent employee.

Suppose that a hotel employs 14 desk clerks. One of them has to go out on FMLA leave. Since the turnover rate is high in this industry, the hotel manager might choose to hire another permanent worker, thereby raising his workforce to a total of 15 desk clerks.

Certain states including California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin have family leave laws that may change the situation, in that state. JH