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An employee returning from an FMLA leave is entitled to his/her same job or an equivalent job with no loss of pay or status. An equivalent position is defined as a position in the same job location, with the same shift or equivalent work schedule, requiring substantially equivalent skill, effort, responsibility and authority and having the same pay and benefits.
Other than health and dental insurance coverage, employees are not entitled to job benefits or seniority accrual during the leave period. However, employees may not lose any benefits or seniority accrued prior to their leave.
An employee is not allowed to take more FMLA leave than is necessary to resolve the circumstances for which the leave was needed under the FMLA. If an employee is able to return to work earlier than anticipated, the employee must provide the department with two business days’ notice where feasible. The department must reinstate the employee once such notice is given or where prior notice was not feasible.
An employee is not entitled to any greater job protection than he/she would have had if no leave had been taken. If his/her previous job has been eliminated due to an intervening layoff or downsizing, the employee’s job would have been terminated, or if the employee is unable to perform the essential functions of the job upon return from leave, the University is not required to reinstate the employee.
A department may accommodate an employee’s request to be restored to a different shift, schedule or position that better suits the employee’s personal needs if a vacancy exists. The department may also offer a promotion to a better position.
An employee on FMLA leave is entitled to any unconditional pay increases that may have occurred during the FMLA leave period. Pay increases based on periodic performance reviews and seniority may be delayed by the amount of unpaid FMLA leave taken by the employee.
The University will not use an employee’s taking FMLA leave as a negative factor in any employment action, including promotions, or otherwise discriminate against any individual for exercising their rights to such leave.
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