Hello -

I'm in Washington, DC and was wondering what the law is concerning my return to work after maternity leave as I am concerned as to what to expect. The question is: does my employer (more than 50 employees) *have* to hold the exact position (same title/same pay/same department) that I held prior to my maternity leave? Or can they make me take another similiar position (same title but different department) for no reason without any legal reprecussion?

Thank you for your guidance!

Hello -

I'm in Washington, DC and was wondering what the law is concerning my return to work after maternity leave as I am concerned as to what to expect. The question is: does my employer (more than 50 employees) *have* to hold the exact position (same title/same pay/same department) that I held prior to my maternity leave? Or can they make me take another similiar position (same title but different department) for no reason without any legal reprecussion?

Thank you for your guidance!

Under the FMLA, an employer is required to return an employee to a position that is "substantially similar" to the one he/she had prior to the FMLA leave. For more info on the FMLA, go to the U.S. DOL website, www.dol.gov.

Thanks for your response Wayne.

I had already looked on the DOL website and didn't find any further information or definition of "substantially similar". All I saw was what you responded with. I guess this means that it's open for interpretation. Am I correct in assuming that this means that there are no legal reprecussions for putting me in a different department or location?

On the topic of same or equivalent job, the US Department of Labor states:

"Upon return to work after taking FMLA leave, the employee is entitled to be restored to the same or equivalent job. Equivalent means virtually identical to the employee's former position in terms of pay, benefits and working conditions, including privileges, perquisites and status.
Equivalent job means:


At the same or geographically proximate worksite.

At the same pay, same shift, and same opportunity for bonuses, profit sharing, etc. If the employer granted a pay increase while the employee was on leave, (e.g., cost of living increase) the employee is entitled to the increase.

At the same work schedule. For example, if the employee's work schedule included scheduled overtime work, the overtime work must be included in the work schedule when the employee returns to work, unless the employer has, for example, eliminated overtime.

Restoration of other benefits in addition to group health benefits the employee had before taking leave, for example, life insurance. For life insurance restoration, the employee may not be required to submit to a physical examination, wait for an open season, etc.
See Regulations 29 CFR Part 825.215 (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.215.htm). "

So, in your case, you do not have to be returned to the same department or to the same job title.

Lillian -

Thanks so much for your thorough explanation. I know have the complete answer to my question.

Again, many thanks!
summer