Returning to Work

When an employee returns from leave granted by the FMLA, he or she is entitled to be restored to his or her former job, or to an equivalent job, with equivalent pay, benefits, and other terms of employment.  Taking leave may not result in the loss of any benefit to which an employee was entitled before taking leave, and may not be counted against an employee under a "no-fault" attendance policy.

Certain employees may be denied restoration of their jobs if returning them to their former positions would result in substantial and grievous economic harm to the employer.  A "key" employee is defined as a salaried employee who is among the highest paid ten percent of the employees within a seventy-five mile radius.  An employer must notify an employee that he or she is a key employee when the employee gives notice of intent to take leave, and must notify the employee when a decision is made to deny reinstatement.

Legal Help with FMLA Rights

The Family and Medical Leave Act (and similar state laws) can be an immense help to employees who have important family obligations but who also need to be able to rely on steady employment.  If you are an employee with questions about your rights under the FMLA, or if you feel that those rights may have been violated by your employer, talk to an experienced employees' rights attorney in your area to discuss your options.