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.

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Does my employer have to reinstate me to my former position after FMLA leave?

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