Employee’s Status On Returning From Leave. Except as provided by law, on return from family care and medical leave, an employee is entitled to be returned to the same or equivalent position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA/CFRA leave.
Employee’s Status On Returning From Leave. Except as provided by law, on return from family care and medical leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee has no right to return to the same position. The leave shall not constitute a break in service for purposes of longevity or seniority under this Agreement or any employee benefit plan. For purposes of layoff, promotion, job assignment, and seniority-related benefits, the employee returning from family care and medical leave shall return with no less seniority than he or she had when the leave began.
Employee’s Status On Returning From Leave. Except as provided by law, on return from family care and medical leave, an employee is entitled to be returned to the same position the employee held when leave commenced if the same position still exists, or if leave extends into a second school year. Otherwise the employee is entitled to be returned to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. The leave shall not constitute a break in service for purposes of longevity or seniority under a collective bargaining agreement or any employee benefit plan. (Government Code §12945.2(g); 29 CFR §825.214-219; 2 CCR §7297.5(f))
Employee’s Status On Returning From Leave. Except as provided by law, on return from family care and medical leave, an unit member is entitled to be returned to the same or equivalent position the unit member held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An unit member is also entitled to reinstatement even if the unit member has been replaced or the unit member’s job has been restructured to accommodate the unit member’s absence. If an unit member is no longer qualified for the position because, e.g., of the employer’s inability to renew a license, as a result of the leave, the unit member shall be given a reasonable opportunity to fulfill those conditions upon returning to work. A unit member has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible unit member’s FMLA/CFRA leave.
