Section 23 Generally

• Library: Employment Discrimination 2008

The employee must be returned to the same position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. 29 U.S.C. § 2614(a)(1); 29 C.F.R. §§ 825.214(a) and 825.215(a). “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).

Before an eligible employee returns to work, the employer
may require a fitness for duty report, which is done at the employer’s expense. The...