FMLA Return-To-Work Guidelines

9/12/2025

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 taking FMLA for their health condition or to care for a family member, they are entitled to return to their same job or an equivalent position.

Here, we will explain what FMLA is and what you need to do as an employer.

What Are the Guidelines for Employees Returning to Work After FMLA Leave?

When an employee returns from Family and Medical Leave Act (FMLA) leave, employers must be careful to follow guidelines by the U.S. Department of Labor (DOL). Here are five things you should keep in mind when an employee comes back from a leave:

1. Employees Must Be Reinstated To Their Same Or Equivalent Positions

The first thing to know is that, generally speaking, employees must be reinstated to their same or equivalent positions. That means they should get the same job duties, pay, and benefits they had before they left for FMLA leave.

2. Employees Must Be Given The Same Benefits And Terms Of Employment

These include:

• The same pay
• The same job duties
• The same opportunity for overtime or promotions as employees who are not on leave. The employee’s health insurance coverage must also be maintained during the leave

If an employee is returning to work after a period of disability, accommodation may be necessary

3. Employees Get Similar Work Schedules

Working mothers, in particular, may have difficulty coordinating child care if their work schedules are constantly changing. To the extent possible, employers should give employees similar work schedules upon leave.

Some employees may take advantage of flexible scheduling options, such as telecommuting or compressed work weeks. These arrangements can help ease the transition back to work.

4. No Resentment And Discrimination From Co-workers

Employees should not face resentment or discrimination from co-workers when they return from leave. If employees feel they are being mistreated, they may file a complaint with the Equal Employment Opportunity Commission (EEOC).

The EEOC enforces federal laws for discriminating against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.

5. Employees Can Submit Complaints About FMLA Violations



If employees believe their rights under the FMLA have been violated, they can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. Employees can also file a private lawsuit against their employer for damages, including lost wages and benefits, emotional distress, and punitive damages.

Employers must be familiar with the FMLA return to work process to avoid any potential complaints or lawsuits.

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