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March 2006
HR QUESTION OF THE MONTH

Q. I have an employee on family medical leave for 9 weeks who has told us she is ready to return. While out on leave, I had others assume the duties of her job. Must I bring her back?

A. Yes. In addition, you must return her to the job she had at the time of the leave or an equivalent position.

Situations where you would not have to return her to her prior job would include her absence exceeding the 12 week maximum leave period or if her position had been eliminated through a reduction in force had she not been on leave.

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This question was an actual inquiry received by our Resourceline from a Business Council member.

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