Does my employer have to reinstate me to my former position after FMLA leave?
Yes, your employer does have to reinstate you to your former position after you have taken leave under the Family and Medical Leave Act (FMLA) in the state of California. According to the California Family Rights Act, employers are required to restore their employees to the same or an equivalent position with equivalent benefits upon the conclusion of the employee’s medical leave. The preservation of employment and benefits for qualified employees on leave is one of the most important elements of the FMLA. This means that when an employee on FMLA leave returns to work, they must be restored to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Such employees are also entitled to enjoy any seniority or other benefits they would have had if they had not taken FMLA leave. In addition, employers cannot use FMLA leave as a reason to change an employee’s job duties, reduce their pay or benefits, or otherwise discriminate against them in any way. Finally, employers must make reasonable efforts to restore employees on FMLA leave to their same or an equivalent position.
Related FAQs
Does my employer have to offer me the same or similar benefits I was receiving prior to my FMLA leave?Are there any restrictions on how much FMLA leave I can take in a 12-month period?
Do I have to take FMLA leave in one continuous block?
Is an employee required to pay for health benefits while on FMLA leave?
Can I receive compensation for wages or benefits lost due to FMLA violations?
Can an employee take FMLA leave for a family member's medical appointment?
How does the FMLA affect my employer's benefits plans?
Can I take FMLA leave for a company-approved trip or training?
Does the FMLA provide job protection for employees with qualifying exigencies related to a family member's active military service?
Can I take FMLA leave for an employee's death or for bereavement?
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