FMLA Job/Pay Restoration
- When an employee returns from FMLA leave, he or she must be returned to the same job that the employee held when the leave began or to an “equivalent job.”
- An “equivalent job” means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).
- Equivalent pay includes the same or equivalent pay premiums, such as a shift differential, and the same opportunity for overtime premium pay as the job held prior to FMLA leave.
- An employee may be entitled to any unconditional pay increases that occurred while he or she was on FMLA leave, such as cost of living increases, pay increases conditioned upon seniority, length of service, or work performed.
- If a pay increase is paid to such employees taking leave for a non-FMLA reason, it must also pay the increase to an employee taking FMLA leave.
- Equivalent pay also includes any unconditional bonuses or payments. If a bonus is conditioned on achieving a specified goal, such as hours worked or products sold, and the employee does not meet the goal due to FMLA leave, payment of the bonus is not required. If a bonus is paid to such employees taking leave for a non-FMLA reason, it must also pay the bonus to an employee taking FMLA leave.
- If an employee returns to work after they have exhausted the FMLA benefit, the employee will be placed according to University of Michigan policy and practice.
- For bargained-for employees please refer to the contract. For questions please contact Human Resources.
Planning for Return to Work
Once an employee has been cleared to return to work, it is the department’s responsibility to contact the employee prior to their release date and provide return to work instructions. This may include details such as:
- First scheduled day/shift
- Review return to work expectations
- Review any schedule changes
- If any training is needed
- Review any supported accommodations
- Review any department structure changes. If the employee has been off work for an extended period of time (over three months) or there are concerns with the employee or their return to work plan, a return to work meeting or conference call is recommended.
