10.4.5 Right to Return

An employee generally—but not always—has the right to return to the same or equivalent position (i.e., terms, conditions, pay, and privileges must be the same). An employee may be fired during FMLA leave if the employer has reasons unrelated to the taking of leave. During the leave, an employer must make the same insurance benefit contributions. However, seniority and pension benefits need not accrue during leave. If an employee does not return to work at the end of approved leave, the employer may recoup health insurance premiums.