What must employers do when an employee returns from FMLA leave?

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When an employee returns from Family and Medical Leave Act (FMLA) leave, employers are required to reinstate them to the same job or to an equivalent position. This requirement is in place to ensure that employees do not face adverse employment actions for taking leave to care for their health or family matters.

Reinstatement to the same or an equivalent position means that the employee should return to a role that is substantially similar in terms of pay, benefits, and working conditions. This provision protects employees and helps to minimize the negative impacts associated with taking necessary time off. Employers cannot use the employee's leave as a reason to terminate their employment or alter their job responsibilities in a way that is detrimental.

This approach fosters a supportive work environment and reinforces the principle that taking necessary medical or family leave should not result in long-term repercussions for the employee's career.

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