Restoration Timing Requirements Under The FMLA

Restoration must occur immediately upon the employee's return from leave. Delaying reinstatement violates FMLA unless:

• The employee fails to return on time
• The employee has exhausted their 12-week entitlement
• A legitimate business change has eliminated the position for reasons unrelated to FMLA

Note: This is an excerpt from our FMLA Training & Certification Program.