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When an Employee Returns from FMLA Leave, What Does Same or Equivalent Position Actually Mean?

By Jeff Nowak on August 29, 2013
Posted in Interference, Reinstatement, Retaliation
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Do you know what’s particularly oppressive about the FMLA? [You: Jeff, everything about the FMLA is oppressive!]

The requirement that an employer return an employee to the same or equivalent position at the end of FMLA leave.

Returning an employee to the same position is easy enough to grasp.  The same is the…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

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