Does the FMLA guarantee reinstatement of an employee's job after FMLA leave?

The Family Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons. This means that when an employee takes leave under the FMLA, the employee is entitled to return to the same or equivalent job when the leave is over. Consequently, in California, an employee who takes leave under the FMLA is guaranteed reinstatement of his or her job when the leave is finished. However, an employer can refuse to reinstate an employee if doing so would cause "substantial and grievous economic injury" to the employer. In other words, if the employer can prove that reinstating the employee would cause a major financial burden, then the employer can deny reinstatement. In this situation, the employer must make "reasonable efforts" to return the employee to work in an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. In addition, the employee must be “able and willing” to return to work if the employer allows reinstatement. If the employee cannot return to the same or equivalent job, then the employer is no longer obligated to reinstate the employee. The employer must still make reasonable efforts to find an alternative position that accommodates the employee’s limitations, however. In conclusion, the FMLA guarantees reinstatement of an employee’s job after FMLA leave, as long as the employee is able and willing to return to work. However, the employer is not obligated to reinstate the employee in certain circumstances.

Related FAQs

Is an employee eligible for FMLA leave if they need to care for a parent with a serious health condition?
What types of events are covered under the FMLA?
Can my employer deny my request for FMLA leave?
Can I take FMLA leave if I have a serious health condition?
Does the FMLA guarantee job protection if an employee needs to care for an ailing family member?
How do I file a complaint if my FMLA rights are violated?
Can I receive compensation for wages or benefits lost due to FMLA violations?
Can I take FMLA leave for my own illness?
Does the FMLA protect employees from being fired while on FMLA leave?
How much notice do I have to provide my employer before taking FMLA leave?

Does the FMLA guarantee reinstatement of an employee's job after FMLA leave?

Related FAQs

Related Blog Posts