Is My Job Protected if I Take a Leave of Absence?

Employees in Florida often assume that any approved leave of absence automatically guarantees job protection. Unfortunately, that is not the case. In reality, only certain types of leave are legally job-protected, and all others depend entirely on your employer’s policies or private agreements. Understanding the difference can help you plan, protect your rights, and avoid unpleasant surprises. Learn more below, and contact the Ocala employment lawyers at James P. Tarquin, P.A., if you have been unfairly discriminated against or retaliated against for taking FMLA leave or exercising your rights under the ADA.

FMLA Leave Provides Guaranteed Job Protection Under Federal Law

For most Florida employees, the Family and Medical Leave Act (FMLA) is the primary (and often only) source of legally protected leave. The FMLA applies if:

• You work for a covered employer, meaning a private employer with 50 or more employees within 75 miles, or a public employer of any size; and
• You are a covered employee, meaning you have worked for your employer for at least 12 months, worked at least 1,250 hours in the past year, and you have a qualifying medical or family reason for leave.

If you meet these requirements, the FMLA gives you up to 12 weeks of unpaid, job-protected leave (or 26 weeks for military caregiver leave). This means your employer must restore you to your same job or an equivalent job with the same pay, benefits, and working conditions when you return.

However, if your employer is too small or you do not meet the FMLA’s eligibility criteria (e.g., serious health condition of employee or immediate family member, birth or adoption of a child), the FMLA’s job-protection guarantee does not apply.

Job Protection Through the ADA: Leave as a Reasonable Accommodation

Even if you are not eligible for FMLA leave, you might still be entitled to job-protected leave under the Americans with Disabilities Act (ADA). The ADA requires employers with 15 or more employees to provide “reasonable accommodations” to qualified employees with disabilities that will enable them to perform the essential functions of their job.

A leave of absence can qualify as a reasonable accommodation if it allows an employee to recover, seek treatment, or manage limitations caused by a disability. Unlike FMLA leave, ADA leave does not have a predetermined duration. Instead, the law requires an “interactive process” where the employer and employee discuss what kind of leave is reasonable.

If leave is granted as an ADA accommodation, your job is protected for the agreed-upon period of leave unless holding your position creates an undue hardship for the employer. This type of leave is often crucial for employees who need time off but are not FMLA-eligible.

Leaves of Absence for Other Reasons Are Not Legally Protected

Many employees take leave for reasons that do not fall under the FMLA or ADA, such as personal travel, family obligations, burnout, or non-serious medical issues. Florida law does not require employers to provide leave or job protection in these situations.

In situations like these, whether your job is protected will depend entirely on:

• Your employer’s written leave policies;
• Past company practices; and
• Any explicit agreement you make with your employer.

If your employer agrees to hold your job open during a personal leave of absence, that agreement might be binding if it is in writing or otherwise clearly confirmed. But if the agreement is vague or if you only received verbal assurances, then your employer could still choose to eliminate your position or replace you.

Because these leaves lack legal protection, it is crucial to ask for the terms of the leave in writing, clarify whether your job will be protected and for how long, and understand that, without FMLA or ADA coverage, job protection is not necessarily guaranteed.

What to Do If You Are Wrongfully Denied Job-Protected Leave

If your employer denies leave you are legally entitled to, such as FMLA leave or leave requested under the ADA as a reasonable accommodation, you may have a claim for:

• FMLA interference;
• FMLA retaliation;
• Disability discrimination;
• Failure to accommodate under the ADA; or
• Retaliation under federal or Florida law.

Employees often do not realize they have a legal claim until after they are demoted, disciplined, or terminated. Speaking with an experienced employment attorney can help you understand your rights before taking leave or when adverse action is taken against you.

Contact Our Marion and Citrus County Employment Lawyers Today

Whether your job is protected during a leave of absence depends entirely on the type of leave you take. FMLA leave and ADA-accommodation leave are the only leaves guaranteed by law to offer job protection, and any other leave is unprotected unless you and your employer agree otherwise.

If you are unsure whether your leave is protected, or if your employer is refusing to honor your rights, consulting an employment lawyer can help you safeguard your job, your health, and your livelihood. In Central Florida, contact James P. Tarquin, P.A., in Ocala for a free consultation.