Serving Clients In Carver County And Throughout The Greater Minneapolis – Saint Paul Region

Can I return to my previous job position if I take FMLA leave?

On Behalf of | Nov 15, 2022 | Employee Rights |

It is easy to take our good health for granted until we or a loved one become seriously ill or injured. Sometimes you need to take an extended leave from work for your own health reasons or the health reasons of an immediate family member. The Family and Medical Leave Act allows you to do so without retaliation. This includes the right to return to the workplace when your FMLA leave is up.

Returning to work after FMLA leave

One of the rights you have under FMLA is the right to go back to the same position you had before taking leave or to a “equivalent” position. An equivalent position is one that is more or less the same as your original position. This means substantially similar pay — including overtime and raises, job benefits such as health insurance and retirement accounts, hours worked, job location and other terms and conditions of your work.

However, there are limits to the rights you have under FMLA. You are not guaranteed your job if it was eliminated and would have been eliminated even if you were not on FMLA leave. If you were laid off while taking FMLA leave, it is your employee’s responsibility to demonstrate that the job would no longer be there at the time you came back from leave.

FMLA and termination

It is against federal law to fire a worker for taking FMLA leave. This also includes trying to interfere with a worker’s FMLA rights or punish or retaliate against a worker for taking FMLA leave.

If you believe you were fired because you took FMLA leave or if your employer otherwise violated your rights as a worker under FMLA, you can either contact the Wage and Hour Division to file a complaint or you can pursue legal action on your own against your employer.




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