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When Your Employee Returns to Work

When an employee returns to work from FMLA leave, he or she must be reinstated to the same or an equivalent job with the same:

  • Pay;
  • Benefits; and
  • Terms and conditions of employment.

An employee is generally entitled to reinstatement even when the employee has been replaced, or his or her position has been restructured to accommodate the employee's absence (but, however, see the exception for certain key employees, below).

If an employee’s leave extends beyond the end of his or her FMLA entitlement, the employee does not have return rights under the FMLA.  However, an employee returning from a leave that extends beyond his or her FMLA entitlement may still be protected from discipline or termination for a number of other reasons.


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