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.