No. Employees on FMLA leave have no greater right to job restoration than if they had continued working.
If a layoff, position elimination, or schedule change affects the employee’s role, their rights are limited to what would have applied if they were actively employed.
Example:
If a shift is eliminated during leave, the employee is not entitled to the old shift or pay differential but will return to an equivalent position under current conditions.
If a layoff occurs, the employee’s FMLA protections end on the effective date of the layoff.
For more information, visit the State of Tennessee Attendance and Leave Manual.
Does FMLA guarantee job protection during layoffs or operational changes?
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