29 USC 2614 - Employment and benefits protection

Except as provided in subsection (b), any eligible employee who takes leave under section 2612 of this title for the intended purpose of the leave shall be entitled, on return from such leave—

(A)

to be restored by the employer to the position of employment held by the employee when the leave commenced; or

(B)

to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

(2)

Loss of benefits

(3)

Limitations

Nothing in this section shall be construed to entitle any restored employee to—

(A)

the accrual of any seniority or employment benefits during any period of leave; or

(B)

any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.

(4)

Certification

(5)

Construction

(b)

Exemption concerning certain highly compensated employees

(1)

Denial of restoration

An employer may deny restoration under subsection (a) to any eligible employee described in paragraph (2) if—

(A)

such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;

(B)

the employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that such injury would occur; and

(C)

in any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice.

(2)

Affected employees

(c)

Maintenance of health benefits

(1)

Coverage

(2)

Failure to return from leave

The employer may recover the premium that the employer paid for maintaining coverage for the employee under such group health plan during any period of unpaid leave under section 2612 of this title if—

(A)

the employee fails to return from leave under section 2612 of this title after the period of leave to which the employee is entitled has expired; and

(B)

the employee fails to return to work for a reason other than—

(i)

the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under subparagraph (C) or (D) of section 2612(a)(1) of this title or under section 2612(a)(3) of this title; or

(ii)

other circumstances beyond the control of the employee.

(3)

Certification

(A)

Issuance

An employer may require that a claim that an employee is unable to return to work because of the continuation, recurrence, or onset of the serious health condition described in paragraph (2)(B)(i) be supported by—

(i)

a certification issued by the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate, in the case of an employee unable to return to work because of a condition specified in section 2612(a)(1)(C) of this title;

(ii)

a certification issued by the health care provider of the eligible employee, in the case of an employee unable to return to work because of a condition specified in section 2612(a)(1)(D) of this title; or

(iii)

a certification issued by the health care provider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in section 2612(a)(3) of this title.

(B)

Copy

(C)

Sufficiency of certification

(i)

Leave due to serious health condition of employee

(ii)

Leave due to serious health condition of family member

(Pub. L. 103–3, title I, § 104, Feb. 5, 1993, 107 Stat. 12; Pub. L. 110–181, div. A, title V, § 585(a)(3)(F), Jan. 28, 2008, 122 Stat. 131.)

cite as: 29 USC 2614

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