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Question: Can an employee be moved to a different job upon returning from Family and Medical Leave Act (FMLA) leave?

Answer: Business opportunities may change while an employee is on FMLA that can create the need to transfer an employee returning from Family and Medical Leave Act (FMLA) leave to another position. A transfer is permissible under the FMLA, providing the employee is moved to an equivalent job, or one that is substantially similar. An equivalent position is one that has the same shift or general work schedule; pay including premium pay, overtime, and bonus opportunities; and the same benefits, working conditions, privileges, and status. Additionally, it must involve the same or substantially similar duties and responsibilities, including skill, effort, and authority.

The Department of Labor (DOL) has additional information: https://www.dol.gov/whd/fmla/fmla-faqs.htm

Check your state and local leave laws for any other requirements relating to job transfers, and if you are considering a transfer that may not be substantially similar, consult with your employment counsel first.