An employee returning from an FMLA qualifying absence will be placed in the same position the employee had before the absence started, or an equivalent position. If an employee is not returned to the same position, the new position must have:
- An equivalent level of compensation, including any unconditional pay increases that occurred during the employee's absence;
- Substantially similar duties, working conditions, responsibilities, privileges, and status;
- The same or geographically equivalent work site (i.e., no significant increase in commute);
- The same or equivalent shift or work schedule; and
- The same or equivalent opportunity for discretionary and non-discretionary payments.
Temporary employees returning to work after an absence covered by the FMLA will be returned to the same or equivalent position provided the position remains a staffing need for the department that employed the temporary employee.