Under the Family and Medical Leave Act, employees returning from leave must be given at least a "comparable position" but not the same job as before.

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The Family and Medical Leave Act provides job protection for eligible employees who take leave due to certain family or medical reasons. When these employees return from leave, they are entitled to be restored to their previous position or to an equivalent one with the same benefits, pay, and other terms and conditions of employment. This equivalent position is known as a "comparable position." It does not necessarily have to be the same job, but it should have similar responsibilities and requirements.

Under the Family and Medical Leave Act, Employees Returning from Leave