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.

Related FAQs

Can I take FMLA leave for my own illness?
What types of family members are covered by the FMLA?
Do employers have the right to ask an employee on FMLA leave to provide periodic updates?
Does my employer have to pay me while I'm on FMLA leave?
Are employers required to grant intermittent or reduced schedule FMLA leave?
How does the FMLA affect an employee's eligibility for benefits?
How many days of leave am I entitled to under the FMLA?
What is the difference between FMLA and short-term disability?
Can I take FMLA leave to care for a family member with an illness that requires intermittent medical treatment?
Can I take FMLA leave to care for a seriously ill family member who lives overseas?

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

Related FAQs

Related Blog Posts