What Should I Do If My Employer Won’t Give Me My Previous Position After FMLA Leave? 

What Should I Do If My Employer Won’t Give Me My Previous Position After FMLA Leave? 

Returning to work after taking Family and Medical Leave Act (FMLA) leave should be straightforward. California employees generally have a legal right to reinstatement to their previous position or an equivalent one. However, some employers may resist honoring this right, leaving employees uncertain about their next steps. If your employer won’t restore you to your previous position after FMLA leave, the Law Offices of Jeannette A. Vaccaro PC can help you take action:

• Document everything related to your FMLA leave and return to work
• Review your rights under federal and California law
• Communicate in writing with your employer about the position change
• Consult with an experienced FMLA attorney to understand your legal options
• File a complaint with the appropriate agency if necessary

What Are My Rights Under FMLA When Returning To Work?

FMLA provides important protections for eligible employees who need time off for medical or family reasons. Understanding these rights is essential if you’re facing challenges upon your return.

Job Restoration Rights

Upon returning from FMLA leave, you have the right to be restored to your original position or an equivalent position with:

• The same pay and benefits
• Equivalent duties and responsibilities
• The same shift or schedule (or as close as possible)
• The same geographic location

An “equivalent position” doesn’t mean identical, but it must be substantially similar in terms of pay, benefits, working conditions, privileges and status.

Protection from Retaliation

Employers cannot use your FMLA leave as a negative factor in employment decisions. This means they cannot:

• Terminate you for taking FMLA leave
• Demote you upon your return
• Reduce your pay or benefits because you took leave
• Count FMLA leave against you in performance evaluations
• Use your leave as justification for disciplinary action

Maintenance of Benefits

During your FMLA leave, your employer must maintain your group health insurance coverage under the same conditions as if you had continued working. Upon your return, all benefits should be restored to the same level they were before your leave.

What Challenges Might I Face When Returning To Work After FMLA Leave?

Even with strong legal protections in place, employees sometimes encounter obstacles when attempting to resume their positions after FMLA leave.

Position Changes

Some employees return to find their job duties have been significantly altered or redistributed to other workers. Your employer may claim these changes were necessary during your absence, but this doesn’t automatically excuse them from their reinstatement obligations.

Disputes Over Job Equivalency

Disagreements often arise over what constitutes an “equivalent position.” Your employer might offer you a different role and claim it’s equivalent, even if the responsibilities, prestige or career advancement opportunities differ substantially from your original position.

Employer Resistance

Despite clear legal requirements, some employers resist reinstating employees after FMLA leave. They may cite business necessity, claim your position was eliminated or argue that you’re no longer qualified for the role. These justifications are rarely valid under FMLA protections and understanding your rights can help you challenge such assertions.

What Should I Do If I’m Not Given My Previous Position Back?

Taking control of your employment situation starts with understanding your rights and taking action to protect them. If you find yourself in this situation, taking prompt and strategic action is important. California employees have strong protections under both federal FMLA and state law, and knowing how to assert these rights can make a significant difference in the outcome. At the Law Offices of Jeannette A. Vaccaro PC, we can help you understand whether your employer has violated your rights and what legal remedies may be available to you. Contact us today for a case evaluation.