Section 19 Restoration to Same or Equivalent Position

• Library: Employer-Employee Law 2008

The employer must restore the employee to the same position the employee held when the leave commenced or to an equivalent position. 29 U.S.C. § 2614(a)(1). An equivalent position is one that is virtually identical in terms of pay, benefits, and conditions of employment. 29 C.F.R. § 825.215(a).

A covered employer may deny restoration to a key employee—a salaried employee who is among the highest paid 10% of the workforce within 75 miles of the worksite—if restoration would cause substantial and grievous...