The determination of how an employee is to be restored to ``an
equivalent position'' upon return from FMLA leave will be made on the
basis of ``established school board policies and practices, private
school policies and practices, and collective bargaining agreements.''
The ``established policies'' and collective bargaining agreements used
as a basis for restoration must be in writing, must be made known to the
employee prior to the taking of FMLA leave, and must clearly explain the
employee's restoration rights upon return from leave. Any established
policy which is used as the basis for restoration of an employee to ``an
equivalent position'' must provide substantially the same protections as
provided in the Act for reinstated employees. See Sec. 825.215. In other
words, the policy or collective bargaining agreement must provide for
restoration to an ``equivalent position'' with equivalent employment
benefits, pay, and other terms and conditions of employment. For
example, an employee may
not be restored to a position requiring additional licensure or
certification.
