Does the FMLA require employers to hold a job for an employee on FMLA leave?
In Illinois, the Family and Medical Leave Act (FMLA) does not explicitly require employers to hold a job for an employee on FMLA leave. The FMLA provides eligible employees with up to 12 weeks of job-protected leave for certain family and medical reasons, but it does not guarantee reinstatement to the same or a comparable job upon return from leave. However, it does require employers to provide job restoration to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment upon returning from FMLA leave. Although Illinois employers do not have to hold a specific job for employees on FMLA leave, employers must make reasonable efforts to restore employees to the same or an equivalent position. Additionally, employers must provide health insurance coverage while the employee is out on leave, and the employee may have the right to receive wages or salary continuation or use accrued paid leave during a period of FMLA leave. Therefore, while the FMLA does not explicitly require employers to hold a job for an employee on FMLA leave, it does require employers to provide job restoration to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment upon returning from FMLA leave. Additionally, employers must make reasonable efforts to restore employees to the same or an equivalent position upon returning from FMLA leave and must provide health insurance coverage during the period of leave, among other rights.
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