Return to Work After Family and Medical Leave

You have certain obligations when an employee returns to work after taking family and medical leave. When you grant an employee’s leave request, you must inform the employee that you guarantee to reinstate the employee to the same or comparable position. You are required to put the guarantee in writing if the employee requests. Only under very limited circumstances can you refuse to honor the guarantee of reinstatement. Specific requirements apply to employees returning to work from PDL.

If you and the employee agree on a definite date of reinstatement at the beginning of the leave, you must reinstate the employee by or on that date. If the reinstatement date differs from your original agreement, you must reinstate the employee within two business days after the employee notifies you of the employee’s readiness to return.

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