to Work After FML Clause Samples
The 'to Work After FML' clause defines the conditions and procedures for an employee's return to work following a period of leave under the Family and Medical Leave Act (FMLA). Typically, this clause outlines any requirements for medical certification of fitness to return, the process for notifying the employer of the intended return date, and the employee's right to be reinstated to their previous position or an equivalent one. Its core function is to ensure a smooth and legally compliant transition back to work, protecting both the employer's operational needs and the employee's rights after FMLA leave.
to Work After FML. An employee granted FML for any reason other than Pregnancy Disability shall be returned to the same or an equivalent position upon return from the leave. For an employee’s return to work rights after Pregnancy Disability Leave, see Section E.7 below. If the position has been abolished or otherwise affected by layoff and an equivalent position is not available, the employee shall be afforded the same considerations which would have been afforded had the employee actually been working rather than on leave when the position was abolished or affected by layoff. An employee granted an FML is not entitled to reinstatement to his/her position if the employee's appointment ending date or predetermined date of separation occurs before the scheduled return date.
