Does my employer have to provide me with a guarantee that I will get the same or equivalent job after my FMLA leave?

No, California employers do not have to provide a guarantee that you will get the same or equivalent job after your Family Medical Leave Act (FMLA) leave. This is in contrast to the Federal Family and Medical Leave Act, which does require employers to return employees to their original job or the equivalent position upon returning from a leave of absence. However, under the California Family Rights Act (CFRA), employers are generally prohibited from discriminating against workers who take leave under the FMLA or CFRA. This means that an employer cannot, for example, terminate an employee while they are out on leave or refuse to rehire them upon their return. They must keep the employee’s position open or have a place reserved for them when they come back. But it is important to note that the employer is not required to guarantee the employee the same job or an equivalent job. It is up to the employer to decide whether or not the employee is able to return to the same job or a different job. If the employer does not offer the employee their original job or an equivalent position, it does not mean that the employer has violated either the FMLA or the CFRA.

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Does my employer have to provide me with a guarantee that I will get the same or equivalent job after my FMLA leave?

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