Your reinstatement rights vary slightly depending on whether you are returning from FMLA or OFLA qualifying leave.
- FMLA-only leave: You have the right to be restored to the position you held prior to your leave or to an equivalent position. An equivalent position is one that is nearly identical to your former position in terms of pay, benefits, and working conditions and involves the same or substantially similar duties and responsibilities.
- OFLA-only or FMLA/OFLA leave: You have the right to be restored to the same position you held when your leave began.
Exceptions to reinstatement rights upon return from FMLA and OFLA leave. The University's obligation to restore you to the same or an equivalent position ceases:
- If and when the employment relationship would have terminated either through a termination or layoff action if you had not taken leave (e.g., contract ends);
- You inform the University of your intent not to return to work at the expiration of the leave;
- You fail to return to work at the expiration of the leave;
- You are unable to perform an essential function of your position and reasonable accommodations are not appropriate; or
- You continue on leave after exhausting your leave entitlement in the 12-month period. If you exhaust your FMLA/OFLA leave and remain off work, your right to reinstatement will be governed by the non-FMLA/OFLA leave policy, or other applicable laws, such as those relating to worker’s compensation for workplace injuries.