28. If I have a condition that qualifies under family and medical leave and Workers' Compensation (WC), how does this affect my reinstatement rights?

If you are partially released to return to work under the WC law, the university must offer you a suitable, available position. You must accept the offer or risk losing reinstatement rights under WC. You are not obligated to return to work under family and medical leave until you can perform all the essential functions of your job. Therefore, while you may lose reinstatement rights under WC, you would not lose them under FMLA and OFLA provided you were able to return to your former job by the time your 12 weeks ends.