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Content Last Revised: 11/17/2008
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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Title 29  

Labor

 

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Chapter V  

Wage and Hour Division, Department of Labor

 

 

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Part 825  

The Family and Medical Leave Act of 1993

 

 

 

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Subpart F  

Special Rules Applicable to Employees of Schools

29 CFR 825.604 - Special rules for school employees, restoration to “an equivalent position.”

  • Section Number: 825.604
  • Section Name: Special rules for school employees, restoration to “an equivalent position.” 
  The determination of how an employee is to be restored to "an 
equivalent position" upon return from FMLA leave will be made on the 
basis of "established school board policies and practices, private 
school policies and practices, and collective bargaining agreements." 
The "established policies" and collective bargaining agreements used 
as a basis for restoration must be in writing, must be made known to 
the employee prior to the taking of FMLA leave, and must clearly 
explain the employee's restoration rights upon return from leave. Any 
established policy which is used as the basis for restoration of an 
employee to "an equivalent position" must provide substantially the 
same protections as provided in the Act for reinstated employees. See 
Sec.  825.215. In other words, the policy or collective bargaining 
agreement must provide for restoration to an "equivalent position" 
with equivalent employment benefits, pay, and other terms and 
conditions of employment. For example, an employee may not be restored 
to a position requiring additional licensure or certification.
[73 FR 68109, Nov. 17, 2008]
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