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

In North Carolina, the Federal Family Medical Leave Act (FMLA) does not guarantee that an employee’s job will be reinstated after taking FMLA leave. The FMLA does, however, guarantee that the employee will be given the same or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment upon return to work. Employers who violate an employee’s rights under the FMLA may be held liable for lost wages, benefits, other forms of monetary compensation, and emotional distress damages. There are also provisions for reinstatement of an employee’s job and/or promotion if the employee was wrongfully terminated, threatened, or otherwise discriminated against due to the employee’s taking of FMLA leave. Additionally, when an employee returns from FMLA leave, the employer must place the employee in the same or equivalent job with the same pay, benefits, and terms and conditions of employment that the employee would have held had the employee not taken FMLA leave. If the employee’s pay or benefits are decreased, the employer must be able to explain the decreased pay and/or benefits in terms of a legitimate business decision and not as a punishment for taking FMLA leave. It is important for employers and employees to be aware of their rights and responsibilities under the FMLA. Employers should take the time to inform employees of their rights under the FMLA to ensure they are properly protected. It is also advisable for employers to contact an attorney to ensure they are in compliance with state and federal labor laws.

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

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

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