The employer must reinstate an employee who is returning from FMLA leave, even if the
employee has been replaced or his or her position has been restructured to accommodate the
employee's absence.

Question

Quizplus · Accepted Answer

The Family and Medical Leave Act (FMLA) requires employers to reinstate employees who return from FMLA leave to their same or an equivalent position with the same pay, benefits, and terms and conditions of employment as before they took leave. This means that the employer cannot replace the employee or restructure the position in a way that negatively affects the employee's job status or benefits.

The Employer Must Reinstate an Employee Who Is Returning from FMLA