Call Call
Menu Menu

EMD Blog

Is Your Employer Obligated to Hold Your Job

Erwin, McCane & Daly | Thursday, April 05, 2018
If you have sustained a workplace injury and have qualified to receive workers’ compensation, it is possible that you will be unable to return to work for an extended period of time. During this time, you will more than likely question if your boss has any obligation to hold your position for you until you have been cleared by your doctor to return to work. 

Does my employer have to keep my job open for me while I’m out because of my workplace injury?


During your workers’ comp case, you will have numerous questions running through your mind, and you may even find it difficult to keep track of all of them and whether or not it was answered. The New York State Workers’ Compensation Board has compiled a list of FAQs and their answers that you can use for reference, but, it is always encouraged to consult with your attorney as well as your workers’ comp medical doctor. Under no circumstances should you make the assumption that your employer will hold your position.


As stated by the Workers’ Compensation Law, your employer is not required to hold your position for you until you are cleared and able to return to work. While it is common for some employers to take the injured worker back, your position is not guaranteed. During your time out of work it is not required, but it is advised, to maintain contact with your employer. Your periods of contact should be about how your healing process is progressing and the status of your position. This will help to reduce the potential of any unsuspected surprises.   

Contact Erwin, McCane & Daly

Your rights as an individual suffering from a workplace injury are not something that should be taken lightly and facing the case without proper representation is not advisable. With years of experience, our attorneys will help navigate the process so that you can receive the most out of your case as possible. We are well versed in the matters of workers’ compensation, and can help you reach your desired results. Contact us today to speak with one of our attorneys!