Employees may need to take time off from work for various reasons, including for their own medical situations or family emergencies. Federal and state leave laws require employers to provide employees with leave in certain situations.
In May 2016, the Equal Employment Opportunity Commission (EEOC) finalized rules for employer-sponsored wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
Upon return from Family and Medical Leave Act (FMLA) leave, an employee must be restored to his or her original position or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. An employee is entitled to reinstatement even if he or she was replaced during the leave or if the employee’s position was restructured to accommodate his or her absence. However, there are circumstances under which reinstatement is not required.