Does the Family and Medical Leave Act require restoring the employee to the same job?
It depends on the employee, the availability of a equivalent position and whether or not the employee would have lost his or her position during the leave without regard to taking leave. Key employees (employees in the top 10 of the employer’s earners) do not have the right to return to their old jobs if “substantial and grievous injury results to employer to do so.” However, an employer must notify the key employee before he or she takes leave that it will not restore the employee to his or her former position. Other than “key employees,” an employer must restore all other employees to the same or equivalent position with equivalent pay, benefits and other terms and conditions of employment. That is, if the employer has an equivalent position available, it can restore the employee to the equivalent position. The term ‘equivalent’ does not mean merely ‘comparable’ or ‘similar.’ Instead, it requires a correspondence to the duties and all other terms, conditions, and privileges of the em
Related Questions
- If an employee is approved for leave transfer and is receiving benefits under the Family Medical Leave Act, how are those benefits affected?
- Does the Family and Medical Leave Act require restoring the employee to the same job?
- What is an employee entitled to under the Family and Medical Leave Act of 1993?
