The Essential Guide to Family & Medical Leave

396 | the essential guide to family and medical leave
P Managers’
Checklist
Reinstating an Employee
If the Employee Was Reinstated
o I reinstated the employee to the position he or she held prior to taking leave or
to an equivalent position.
o The position has the same base pay, and the same opportunities to earn
extra pay, as the former position.
o The position offers the same benefits, at the same levels, that the employee
used to receive.
o The position has the same or substantially similar job duties as the
employee’s former job.
o The position has the same or a substantially similar shift or schedule as the
employee worked before taking leave.
o The position is at the same worksite, or one that is geographically proximate
to, where the employee worked before taking leave.
o I reinstated the employee immediately upon his or her return from leave or
within two working days of receiving notice of intent to return to work from
the employee.
o I restored the employee’s pay, including base pay, opportunities to earn extra
pay, and any across-the-board raises (such as cost-of-living increases) that
became effective during the employee’s leave.
o I did not count the employee’s FMLA leave time against him or her when
determining eligibility for bonuses based on an absence of negative
occurrences, such as attendance or safety bonuses.
o I restored the employee’s benefits, including any across-the-board changes that
took effect during the employee’s leave.
o I did not count the employee’s FMLA leave as a break in service for
purposes of our pension plan
o I counted the employee as “employed” while on leave if our pension plan
requires employees to be employed on a particular date for purposes of
contributions, eligibility, or vesting.