FMLA-3 — Equivalent position

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

September 9, 1993 FMLA-3

Dear
Name*,

Thank you for your letter on behalf of
Name*. Name* has requested information concerning the Family
and Medical Leave Act (FMLA) of 1993.
Name* is interested in taking maternity leave and she is
concerned about job security. Your inquiry was referred to this office as the Wage and Hour Division of
the Department of Labor administers and enforces this law.

The Family and Medical Leave Act entitles eligible employees to take up to 12 weeks of unpaid, job
protected leave in any 12 months for specified family and medical reasons. An employee on FMLA leave
is entitled to return to the same or an equivalent position with the same pay, benefits, etc., on return from
leave.

An equivalent position must involve the same or substantially similar duties and responsibilities,
equivalent pay, benefits, and working conditions. Furthermore, an employee is ordinarily entitled to return
to the same shift or the same or an equivalent schedule. An employee may request a different shift
schedule, or position which better suits the employee's personal needs; however, an employee cannot be
required to accept a position against his or her wishes. Additionally, it is unlawful for any employer to
interfere with or restrain or deny the exercise of any right provided under the law.

I hope this has been responsive to your concerns. I have enclosed two publications which
Name* will
find helpful. Also, a local office of the Wage and Hour Division can assist
Name* with any additional
questions.

Sincerely,

Charles E. Pugh
Assistant Administrator

Enclosures

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
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