Content Overview 
- Overview
- Special Rules For Teachers and State Employees
- What If I Am Not Entitled To Leave Under The FMLA ?
- The Requirements To Qualify For FMLA Leave
- How Much Leave Am I Entitled To Under The FMLA? What If I Need More Time?
- What If I Don't Need A Full 12 Weeks Off, Or Need To Take Time Off on A Daily Or Even Hourly Basis?
- How Does The FMLA Relate To Other Time Off To Which I May Be Entitled?
- Is My Job Protected If I Take FMLA Leave?
- What About My Employer Benefits While On FMLA Leave?
- What About My Employer Benefits When I Return To Work?
- What Happens To My Employer Benefits If I Do Not Return To Work?
- What Information Can An Employer Ask For Under The FMLA?
- What Are My Responsibilities While On FMLA Leave?
- What Can My Employer Do To Check Up On Me While I'm On FMLA Leave?
- If Your Employer Asks For Recertification Of The Need To Continue To Take Time Off
- What If I Negotiate For Less Than 12 Weeks Off Under The FMLA, But Find I Need More Time?
- How To Negotiate For FMLA Leave
- Same Sex Couples
- What To Do If You Are Unlawfully Denied FMLA Leave
- What If A Benefit Such As Health Insurance Changes While I Am On FMLA Leave?
- What Are The Rules For Military Leave?
Family & Medical Leave Act (FMLA)
Is My Job Protected If I Take FMLA Leave?
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The FMLA requires that upon return from FMLA leave, you must be restored to your original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment, UNLESS:
- You are a "key employee" (as described below)
- You stay out of work beyond the 12 weeks provided by the FMLA, except to the extent the period is extended by similar state laws or if you receive an extension as an accommodation under the Americans With Disabilities Act.
An "equivalent" job has to be substantially equal or similar, not necessarily identical or exactly the same, as the job you did before taking time off under the FMLA.
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Key Employees
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