A key protection of CFRA/FMLA leave is that, upon return from qualifying leave, the eligible employee generally must be:

Explanation

CFRA and FMLA both guarantee reinstatement to the same or a comparable position with equivalent pay, benefits, shift and other terms; denying it is interference, not merely retaliation, so the employee need not prove a bad motive. (c) is the practice that looks reasonable and is unlawful - requiring the returning employee to compete for the job treats protected leave as a resignation. (b) and (d) are adverse actions dressed as accommodations of the absence. 'Comparable' is not 'any job at the same pay': 2 CCR §11089 asks about substantially similar duties, conditions, and worksite proximity, so moving a returning superintendent to a distant project can itself be a denial.