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TITLE 29 - LABOR
SUBTITLE B - REGULATIONS RELATING TO LABOR
CHAPTER V - WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
SUBCHAPTER C - OTHER LAWS
PART 825 - THE FAMILY AND MEDICAL LEAVE ACT OF 1993
subpart b - WHAT LEAVE IS AN EMPLOYEE ENTITLED TO TAKE UNDER THE FAMILY AND MEDICAL LEAVE ACT?
825.214 - What are an employee's rights on returning to work from FMLA leave?
(a) 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 825.106(e) for the obligations of joint employers.
(b) If the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the employer's obligations may be governed by the Americans with Disabilities Act (ADA). See 825.702.
[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995]