Do We Have To Provide Job Restoration After a Personal Leave of Absence?

by Mammoth Team on August 27, 2018


Q: An employee is on a six-week unpaid leave of absence to prepare for an exam. During her leave, the business has undergone several changes and her previous role no longer exists. We do have a different position for her upon her return, but we’re not sure how to address that with her. Are there specific considerations we must keep in mind in explaining the changes or offering her this different position?

A: While some leaves are protected by law—the Family and Medical Leave Act, for example—there is no law that requires an employer to provide job restoration after a personal leave of absence. However, whether you should provide job restoration will depend on what was communicated to the employee when she took her leave, as well as what your internal policies indicate. If you have a personal leave of absence policy, you should review it—ideally that policy indicates that you have discretion about how to deal with employees upon return. If promises were made to the employee, you’ll want to keep those as best you can. 

Be as transparent as you can about the need for the reorganization, and once you’ve presented her with her options (new positions or no position), we recommend giving her a few days to consider whether she’d like to accept the new role.

Check out our "Leaves Management Resources" page to get tips and tools to help you conquer leave management.

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Topics: Best Practices