EmploymentQuestion 1069 of 1605
A key protection of CFRA/FMLA leave is that, upon return from qualifying leave, the eligible employee generally must be:
a.Reinstated to the same or a comparable position
b.Demoted to an entry-level position
c.Required to reapply for the job
d.Placed on permanent probation
Explanation
CFRA and FMLA guarantee job protection: an employee returning from qualifying leave is generally entitled to reinstatement to the same or a comparable position with equivalent pay, benefits, and terms. Denying reinstatement can constitute unlawful interference or retaliation.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)