Regulations last checked for updates: May 15, 2024

Title 29 - Labor last revised: Apr 30, 2024
§ 825.214 - 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 § 825.106(e) for the obligations of joint employers.

authority: 29 U.S.C. 2654; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); and Pub. L. 114-74 at sec. 701
source: 78 FR 8902, Feb. 6, 2013, unless otherwise noted.
cite as: 29 CFR 825.214