Does my employer have to reinstate me to my former position after FMLA leave?
In Washington, the answer to the question of whether an employer must reinstate an employee to their former position after they take FMLA leave depends on several factors. FMLA, or the Family and Medical Leave Act, is a federal law that requires employers to provide their eligible employees with up to 12 weeks of unpaid leave when they are dealing with a medical condition, caring for a family member, or welcoming a new child. Under Washington state law, employers must restore the employee to either their original position or one that is nearly identical with the same pay, benefits, and job duties. Generally, an employer must try to place the employee in the same or similar job and if they are unable to do so, must provide the employee a job that has similar duties and pay. However, if an employee has taken the full 12 weeks of FMLA and the employer cannot or refuses to provide the same job, the employee may still have the right to reinstatement. In such cases, the employee can seek legal counsel in order to clarify their rights and challenge any refusal to reinstate them to their former position. In summary, employers in Washington state must make all reasonable efforts to reinstate an employee to their former position after FMLA leave has been taken. If that is not possible, however, the employee may be eligible for a similar position with similar duties and pay. Additionally, the employee can use legal counsel to check the validity of any refusal from the employer to reinstate them.
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