Rules For FMLA Job Restoration

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. Maintaining human resources compliance throughout this process is a key duty for an HR Generalist.

• Right to the Same or Equivalent Job
• No Retaliation or Penalty for Taking Leave
• Restoration Timing
• Ability to Perform Essential Functions
• Certification of Ability to Return (Fitness-for-Duty). Any medical documentation must be handled according to HIPAA privacy standards.
• Benefits After Leave

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