Answer

Generally there is no requirement that an employer hold a job open for an employee on disability. There are two exceptions that are most commonly used to force this however.

The first is the Family Medical Leave Act (FMLA). This allows someone to take off up to a preset time (I think it is 12 weeks) if they or a family member has a "serious health condition". There must be a request for leave under this act and they are required to have "a comparable job" for you when you return, although the general consensus is that it doesn't have to be that exact job.

The second is the Americans with Disabilities Act. This requires the employer to make "reasonable accomodations" for someone that has a disability. The reasonable acomodation must be requested. Most courts have found that leaving a job vacant is not a reasonable accomodation but there could be instances where it is.

In addition, the company itself may have a policy in place that protects you. You would need to check the company handbook to find out, but if it does then there is at least some argument that you should have been able to rely on them to follow their own policy.

My advice is to see a lawyer who specializes in employment law in California so they can go over your specific fact situation in detail. Most of them won't charge for your initial consultation.

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Expert:	JD 1992
Pos. Feedback:	98.8 %
Accepts:
Answered:	7/31/2008

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