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

No, under the Family and Medical Leave Act (FMLA) in North Carolina, your employer does not have to provide you with a guarantee that you will get the same or equivalent job after your FMLA leave. The FMLA law requires employers to allow employees to take unpaid leave for certain medical and family situations such as the birth of a child or to care for a sick family member. The law also protects employees from being fired for taking the leave. However, the law does not guarantee that the employee’s job will remain the same or at the same level when they return from the leave. If an employee takes FMLA leave and upon their return, they are no longer able to do the job they had before, the employer can provide the employee with a comparable job that has the same salary and benefits. However, this is not a guarantee and the employer is not required to offer the same or equivalent job. The employer may also reassign the employee to a different position if the job taken during the leave of absence is no longer available. It is important for employees to be aware of the rights and responsibilities that accompany this type of leave. Employees should be sure to discuss any questions or concerns with their employer prior to taking FMLA leave.

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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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