Content Last Revised: 11/17/2008 ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to ESA

Title 29

Labor

Chapter V

Wage and Hour Division, Department of Labor

Part 825

The Family and Medical Leave Act of 1993

Subpart B

Employee Leave Entitlements Under the Family and Medical Leave Act

• Section Number: 825.214
• Section Name: Employee right to reinstatement.

  General rule. On return from FMLA leave, an employee is entitled to 
be returned to the same position the employee held when leave 
commenced, or to an equivalent position with equivalent benefits, pay, 
and other terms and conditions of employment. An employee is entitled 
to such reinstatement even if the employee has been replaced or his or 
her position has been restructured to accommodate the employee's 
absence. See also Sec.  825.106(e) for the obligations of joint 
employers.
[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995; 73 FR 68093, Nov. 17, 2008]