Following FMLA leave, an employee has no greater right to reinstatement or to other benefits and conditions of employment than if he or she had not taken leave. However, an employer must be able to show that an employee would not otherwise have been employed at the time reinstatement is requested in order to deny restoration to employment. For example:
Continue to Employee Rights and Responsibilities Overview or Return to Employer Rights and Responsibilities Menu.
For more information on this aspect of the FMLA, see the FMLA regulations: § 825.216
Career & Internships | Contact Us
200 Constitution Ave. NW
Washington DC 20210
ABOUT THE SITE