Job Restoration Under FMLA

The employee must be restored to the same position held before the leave or an equivalent position upon return from a family or medical leave (unless employee is in top 10% paid). Employers have the right to deny leave when an employee fails to give proper notice of a foreseeable leave. the employer can deny leave until 30 days after notice is provided employee fails to provide timely medical certification. Employers also have the right to deny reinstatement until employees provide a requested fitness-for-duty medical certification when employees notify employer that they do not intend to return to work when leave was obtained fraudulently; if the salaried employee is in the highest 10% of the employer's workforce where restoration to employment would create "substantial and grievous injury" to the business operation.