Right To The Same Or Equivalent Job Under FMLA Rules

When an employee returns from FMLA leave, they must be restored to:

• The same job they had before the leave, or
• An equivalent position with:
  • Same pay
  • Same benefits
  • Same shift or schedule
  • Same location
  • Same duties or skill level
  • Same opportunities for bonuses, promotion, and advancement

This protection applies whether the employee took continuous, intermittent, or reduced schedule FMLA leave. For an HR Generalist, managing these restoration rights is a critical component of human resources compliance and labor law. Note: This is an excerpt from our FMLA Training & Certification Program.