Upon return from leave under this policy, the employee will be returned to the same position that was held when leave started, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. However, upon return from the leave, the employee does not have a greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the leave period. For example, if the job would have been eliminated, or the hours reduced if the employee had not been on leave, the employee does not have the right to be restored to the original position held before the leave. Job restoration may be denied to certain highly compensated employees, if necessary, to avoid substantial and grievous economic injury. All necessary forms for the FMLA Policy are available in the Human Resources Office.

To the extent that the FMLA Policy affects employee welfare benefit plans, this explanation shall serve as a summary of material modifications for purposes of the University’s disclosure requirements under the Employee Retirement Income Security Act of 1974.