Upon return to work after taking FMLA leave, the employee is entitled to be restored to the same or equivalent job. Equivalent means virtually identical to the employee's former position in terms of pay, benefits and working conditions, including privileges, perquisites and status.

Equivalent job means:

• At the same or geographically proximate worksite.
• At the same pay, same shift, and same opportunity for bonuses, profit sharing, etc. If the employer granted a pay increase while the employee was on leave, (e.g., cost of living increase) the employee is entitled to the increase.
• At the same work schedule. For example, if the employee's work schedule included scheduled overtime work, the overtime work must be included in the work schedule when the employee returns to work, unless the employer has, for example, eliminated overtime.
• Restoration of other benefits in addition to group health benefits the employee had before taking leave, for example, life insurance. For life insurance restoration, the employee may not be required to submit to a physical examination, wait for an open season, etc.

See Regulations 29 CFR Part 825.215.

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