What position does the employee get assigned upon return from an FMLA leave?
Under FMLA, the employee is generally guaranteed the same or equivalent position upon return to work by the end of the FMLA leave unless that position has been eliminated through the ordinary course of business, including, but not limited to layoff, non-renewal or program curtailment. If an employee is unable to perform an essential function of the job when the FMLA leave ends, then the employee has no right to return to that position under the FMLA. In such cases, Disability Services should be involved to assess the University’s obligations under disability laws.
