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:
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For more information on this aspect of the FMLA, see the FMLA regulations: § 825.216
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