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Blog: FMLA

The FMLA requires that an employee returning from FMLA leave be reinstated to the same or equivalent position.

"Equivalent" means equivalent pay, benefits, and terms and conditions of employment. The DOL's regulations clarify that "the employee is ordinarily entitled to return to the same shift or the same or equivalent work schedule".





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  • Employees must be reinstated to the same or equivalent job
  • Health benefits must be maintained during leave
  • Employees are still responsible for their share of premiums, even during intermittent absences
  • Communicate clearly about benefit contributions and payment during
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Under the Family and Medical Leave Act FMLA, one of the most critical protections for employees is the right to job restoration after returning from qualifying leave. Below are some details of the rules for FMLA job restoration — including exceptions, timing, and what employers can (and cannot) do.
  • Right to the Same or Equivalent Job
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Below are some tips regarding tracking and managing FMLA leave:
  • Define how you measure the 12-month period (e.g., calendar year, rolling backward, etc.)
  • Carefully track and document intermittent and reduced schedule leave usage
  • Ensure supervisors understand not to penalize employees for FMLA absences
Tip: Use HRIS tools or FMLA-specific tracking software to manage hours, time off, and ...
Mistakes in complying with FMLA can lead to lawsuits, fines, and audits, so be aware of the most-common FMLA compliance mistakes, which include:
    FMLA Training & Certification Program
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An employer is required to offer FMLA leaves if:
  • It is a private-sector employer with 50 or more employees in 20 or more workweeks in the current or previous calendar year
  • It is a public agency (regardless of the number of employees)
  • It is a public or private elementary or secondary school (regardless of the number of employees)
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Below are some tips for tracking FMLA Intermittent Leave:
  • Time off must be tracked in the smallest increment of time used by the payroll system (e.g., 15 minutes, 1 hour).
  • Keep detailed records of time used to ensure the total leave taken doesn't exceed the 12-week entitlement (or 26 weeks for military caregiver leave).
Note: This is an excerpt from our FMLA Training & ...
Intermittent leave can be taken for any FMLA-qualifying reason, but some types require employer approval. For instance:
  • Employee's own serious health conditionFMLA Training & Certification Program
  • To care for a spouse, child, or parent with serious condition
  • Birth
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The FMLA provides up to 12 weeks of unpaid, job-protected leave in a 12-month period for:
  • Birth of a child and bonding
  • Placement of a child for adoption or foster care
  • Care for a spouse, child, or parent with a serious health condition
  • Employee's own serious health condition
  • Qualifying exigencies for a military family member
  • (26 weeks) to care for a covered service member with a serious
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FMLA:
FMLA Notice Types3/5/2026

FMLA Notices Requirements

The FMLA rules require that employers give employees five written notices: a posted notice, a general notice, an eligibility notice, a rights and responsibilities notice, and a designation notice.

Posted Notice

The posted notice must be posted in a prominent location at all worksites, even if there are no FMLA-eligible employees at that worksite. The poster must be displayed in plain view where all employees and applicants can readily see



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Administering the Family and Medical Leave Act (FMLA) correctly is essential for compliance and employee satisfaction.

Whether you're an HR professional or a manager responsible for FMLA, there are several key components you must understand and implement effectively. These include:
  • Understanding Employee Eligibility
  • Covered Reasons for Leave


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Certain individuals that are covered under their employer's group health plan are eligible for FMLA leave. To be eligible, the individual must:
  • Work for a covered employer
  • Have worked at least 12 months (not necessarily consecutively)
  • Have worked at least 1,250 hours in the past 12 months
  • Work at a location with 50+ employees within a 75-mile radius
Tip: Reassess eligibility with each new leave request.

Suggestion:
Use the

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The Family and Medical Leave Act (FMLA) is a cornerstone of employee rights, providing critical job-protected leave for personal and family health crises. For HR professionals, administering FMLA is a masterclass in balancing empathy with compliance. However, two significant challenges can turn this balancing act into a high-wire routine: suspected FMLA abuse and the ever-present risk of retaliation claims. Navigating these issues requires more than just a basic understanding of the law; it ...

An employee informs you they need surgery and will be out of work for six weeks. This single event doesn't just trigger one HR process; it sets off a chain reaction across a landscape of complex federal laws. First, you have a request for leave under the Family and Medical Leave Act (FMLA). As the employee recovers, they may need workplace adjustments, bringing the Americans with Disabilities Act (ADA) into play. If the employee ultimately decides to leave the company due to their condition, ...

FMLA Return-To-Work Guidelines

If one of the employees needs to take time off work to care for a family member, you may be wondering what you need to do when they return. The Family and Medical Leave Act (FMLA) guarantees an employee's right to take time off work for family and medical emergencies. The Family and Medical Leave Act (FMLA) provides employees up to 12 weeks of unpaid leave each year. Whether your employees are ...
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