General rule. On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence. See also § 825.106(e) for the obligations of joint employers.
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29 CFR 825.214 : Labor (§ 0.735-1 To Parts 4908-4999) — (§ 500.0 To Parts 871-899) — Regulations Relating To Labor (Continued) (§ 500.0 To Parts 871-899) — Wage And Hour Division, Department Of Labor (§ 500.0 To Parts 871-899) — Other Laws (§ 801.1 To § 825.803) — The Family And Medical Leave Act Of 1993 (§ 825.100 To § 825.803) — Employee Leave Entitlements Under The Family And Medical Leave Act (§ 825.200 To § 825.220) — Employee right to reinstatement.
4 Aug 2016