Section 20 Equivalent Pay, Benefits, and Terms of Employment

• Library: Employer-Employee Law 2008

Upon return to work, the eligible employee is entitled to equivalent pay. 29 U.S.C. § 2614(a)(1)(B). An eligible employee
is also entitled to any unconditional pay increase given during
the leave. An increase based on the cost of living, for example, would be unconditional, but increases based on seniority or performance would be conditional. 29 C.F.R. § 825.215(c). An employee who regularly received overtime is ordinarily entitled to have the same opportunity for overtime work upon restoration. Id.

The...