Does My Employer Have to Hold My Job While I’m Out? What California Employees Need to Know About Job Protection During a Work Injury

If you’ve been injured at work and are now on leave, one of the first questions you may have is: Does my employer have to keep my job open while I recover? It’s a valid concern—and one that doesn’t always have a simple answer.

At J Smith Law, we regularly hear from California workers who are unsure about their rights when they’re out due to a work-related injury. Here’s what you need to know.

The Short Answer: Not Always—But Sometimes

While workers’ compensation benefits provide medical care and wage replacement, they do not automatically guarantee that your employer will hold your job while you’re out. However, there are certain laws that may protect your job, depending on your specific situation.

Let’s break it down.

1. Workers’ Compensation Protections (California Labor Code §132a)

Under California law, it’s illegal for your employer to fire, threaten or discriminate against you simply because you’ve filed a workers’ compensation claim. This means they can’t retaliate against you for exercising your rights. However, this doesn’t mean your employer is required to hold your exact position indefinitely.

They can make decisions based on business needs, especially if your leave is extended or indefinite—but they can’t terminate you because you were injured or filed a claim.

2. Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

If you qualify under FMLA or CFRA, you may be entitled to up to 12 weeks of job-protected leave. This means that after your leave ends, your employer must return you to your same job or a comparable one.

Eligibility typically includes:

• You’ve worked for your employer for at least 12 months
• You’ve worked at least 1,250 hours in the past year
• Your employer has 50+ employees within 75 miles

If your injury qualifies as a “serious health condition,” FMLA or CFRA might apply—even if the injury happened at work.

3. Reasonable Accommodations Under the ADA & FEHA

If your injury results in a disability, you may have rights under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA).

Your employer may be required to provide reasonable accommodations, which could include extended leave or a modified work schedule, as long as it doesn’t cause undue hardship to the company.

What You Can Do

Keep your employer in the loop. Regular communication helps avoid misunderstandings about your status and timeline.
Get documentation. Make sure you have medical evidence and documentation of any leave approvals or accommodations.
Know your rights. Don’t assume your employer is following the law—consulting an attorney early can make all the difference.

Need Help Understanding Your Rights?

If you’re unsure whether your job is protected—or if you believe your employer violated your rights—J Smith Law is here to help. We focus exclusively on California workers’ compensation cases and understand the complex overlap between medical leave, job protection and your legal rights as an injured worker. Contact us today for a consultation. Let’s make sure you’re protected—on the job and off.