Q. "An employee requested leave for major surgery. Do we have to hold their job?"
Answer:
Mostly likely, yes. Your employee is likely eligible for one or more kinds of job-protected leave. For instance, they may be entitled to time off under the federal Family and Medical Leave Act (FMLA), a similar state family and medical leave law, or both.
They may also be covered by a state paid family or medical leave program, which is functionally short-term disability insurance. These laws often come with job protection and, in some cases, compensation. State sick leave may also apply.
Even if none of the above laws come into play, the Americans with Disabilities Act (ADA) or a similar state law might apply. In that case, you'll need to engage in the interactive process with them to determine whether leave, and how much, is a reasonable accommodation you can offer.
Aside from laws that might apply, make sure your treatment is consistent with your organization's past practices and written policies.