{"id":3054,"date":"2017-08-21T06:23:45","date_gmt":"2017-08-21T06:23:45","guid":{"rendered":"https:\/\/dsgordonlaw.com\/dir\/?p=3054"},"modified":"2023-04-12T13:14:39","modified_gmt":"2023-04-12T13:14:39","slug":"is-an-employee-entitled-to-be-reinstated-to-his-or-her-same-position-following-fmla-leave","status":"publish","type":"post","link":"https:\/\/dsgordonlaw.com\/dir\/is-an-employee-entitled-to-be-reinstated-to-his-or-her-same-position-following-fmla-leave\/","title":{"rendered":"Is an employee entitled to be reinstated to his or her same position following FMLA leave?"},"content":{"rendered":"\n<p>Not exactly.&nbsp;&nbsp; Under the FLMA, qualified employees are entitled to 12 weeks of leave for a serious medical condition.&nbsp; At the end of such leave, the employer must reinstate the employee in the position held by the employee at the commencement of the leaver \u2013&nbsp;<em><strong>or<\/strong><\/em>&nbsp;\u2013 to an equivalent position with equivalent pay, benefits and other terms and conditions of employment.&nbsp; In <em>Waag v. Sotera Defense Solutions<\/em> (May 2017), the Fourth Circuit considered the case of of a program manager who required FLMA medical leave after an accident.&nbsp; During his absence, the company moved forward by filling the program manager\u2019s position.&nbsp; When he sought to return to work, they re-assigned him to a different role without changing his pay structure.&nbsp; In finding the re-assignment to qualify as an equivalent position, the Court considered the fact that &nbsp;(i) both positions were paid the same salary and benefits; (ii) both positions were senior director positions that required plaintiff to report to a vice president; and (iii) neither position included significant managerial responsibilities.&nbsp; In sum, the Court emphasized that restoration \u201cdoes not indicate a preference for restoring covered employees to their pre-leave positions over \u2018equivalent\u2019 positions, and it does not require an employer to hold open an employee\u2019s original position while that employee is on leave.\u201d<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Not exactly.&nbsp;&nbsp; Under the FLMA, qualified employees are entitled to 12 weeks of leave for a serious medical condition.&nbsp; At the end of such leave, the employer must reinstate the employee in the position held by the employee at the &hellip; <a href=\"https:\/\/dsgordonlaw.com\/dir\/is-an-employee-entitled-to-be-reinstated-to-his-or-her-same-position-following-fmla-leave\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/posts\/3054"}],"collection":[{"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/comments?post=3054"}],"version-history":[{"count":2,"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/posts\/3054\/revisions"}],"predecessor-version":[{"id":3085,"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/posts\/3054\/revisions\/3085"}],"wp:attachment":[{"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/media?parent=3054"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/categories?post=3054"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dsgordonlaw.com\/dir\/wp-json\/wp\/v2\/tags?post=3054"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}