Short answer: It means the employee must be restored to the same or an equivalent job after leave.
Full answer: Under the Family and Medical Leave Act (FMLA), “job-protected” means that an eligible employee who takes up to 12 weeks of unpaid leave must be restored to their original job or an equivalent position with the same pay, benefits, and working conditions upon return. A comparable position has similar duties, skills, responsibilities, and authority.
For example, the policy might state: “Upon returning from FMLA leave, employees will be reinstated to the same or an equivalent position with no loss of benefits or seniority.” Employers are prohibited from retaliating against employees for exercising their FMLA rights.
Exceptions: Job protection does not apply to employees who would have been laid off regardless of taking leave or to “key employees” under certain conditions if reinstating them would cause substantial economic injury to the employer.
Warning: Avoid Common Mistakes: Employers must document reasons for not reinstating an employee and ensure that decisions are not perceived as retaliation. Non-compliance can result in penalties and legal action.
General federal norm: Family and Medical Leave Act (FMLA); 29 CFR Part 825
State: All States
Link to legislative resource: U.S. Department of Labor (DOL)
Full answer: Under the Family and Medical Leave Act (FMLA), “job-protected” means that an eligible employee who takes up to 12 weeks of unpaid leave must be restored to their original job or an equivalent position with the same pay, benefits, and working conditions upon return. A comparable position has similar duties, skills, responsibilities, and authority.
For example, the policy might state: “Upon returning from FMLA leave, employees will be reinstated to the same or an equivalent position with no loss of benefits or seniority.” Employers are prohibited from retaliating against employees for exercising their FMLA rights.
Exceptions: Job protection does not apply to employees who would have been laid off regardless of taking leave or to “key employees” under certain conditions if reinstating them would cause substantial economic injury to the employer.
Warning: Avoid Common Mistakes: Employers must document reasons for not reinstating an employee and ensure that decisions are not perceived as retaliation. Non-compliance can result in penalties and legal action.
General federal norm: Family and Medical Leave Act (FMLA); 29 CFR Part 825
State: All States
Link to legislative resource: U.S. Department of Labor (DOL)