Legal Question in Medical Leave in California

Re: Return to Work from FMLA leave

The FMLA requires that an employer return an employee who has returned from leave to her same or equivalent position as the job she left. The employee must be willing to return to the same position or to an equivalent position offered by the employer. The Act does not require that the employer offer an equivalent position if the employer is prepared to return the employee to her former position. Whether a reduction in travel will be considered a different position will depend on the facts and circumstances of the particular situation. You should consult an attorney who can then review all of the relevant facts and provide consultation on your matter.