Blog: Leave Management

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“.

• 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)

• Have equal opportunity to seek for and work in jobs for which they are

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 ...

When an employee is simultaneously protected under FMLA, ADA, and Workers' Compensation laws, the length of the employee's absence from work is a concern that employers must consider. A leave of 12 weeks or less must be allowed for as long as the condition qualifies under the FMLA as a “serious health ...