3.67.070 Restoration of Employment.
Upon return from Federal FMLA leave, if the employee is able to perform the essential functions of the job, the employee shall be restored to the classification and position held upon commencing Federal FMLA leave, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. If the department's circumstances have so changed that the employee cannot be reinstated to the same position, or a position of equivalent pay and benefits, the employee shall be reinstated in any other position which is vacant and for which the employee is qualified.
Restoration of employment is not required if any of the following conditions exist:
A. The employee's position is eliminated by a bona fide restructuring, or reduction-in-force; or
B. The employee's workplace is permanently or temporarily shut down for at least 30 days; or
C. The employee fails to provide timely notice of family leave as required, or fails to return on the established ending date of leave; or
D. Any other reason that would have resulted in discharge or denial of reinstatement had the employee not been on leave; or
E. Any other reason as provided under the provisions of Federal FMLA or State PFML law.
Restoration of employment at the conclusion of any approved State PFML shall be in accordance with that law.