What are my rights when returning to work from a FMLA leave?

An employee's right to reinstatement is not absolute under FMLA.  An employee can be subject to layoff or termination provided that it is not due to taking the leave in the first place.  What can happen is that you leave, your job duties are divided among other employees and the employer decides that you're no longer necessary.  There's risk in that for an employer.  Barring those kinds of circumstances, an employer will generally return the employee to an equivalent position that maintains the same pay and benefits.  have to return an individual to an equivalent position that maintains his or her pay and benefits - See more at: http://www.shrm.org/legalissues/federalresources/pages/fmla-reinstatement.aspx#sthash.afEQ3Q4s.dpuf have to return an individual to an equivalent position that maintains his or her pay and benefits - See more at: http://www.shrm.org/legalissues/federalresources/pages/fmla-reinstatement.aspx#sthash.afEQ3Q4s.dpuf have to return an individual to an equivalent position that maintains his or her pay and benefits - See more at: http://www.shrm.org/legalissues/federalresources/pages/fmla-reinstatement.aspx#sthash.afEQ3Q4s.dpuf