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Family and Medical Leave Act: Equivalent Position

An equivalent position is one that offers the same:

  • Pay
  • Benefits
  • Status
  • Other terms and conditions of employment
  • Requires the same skill, effort, responsibility and authority

When you return to from a period of FMLA absence you will also retain any special salary rate or locality rate applicable to the position occupied before your FMLA leave began. The following must also be the same:

  • Appointment type
  • Tenure
  • Work schedule
  • Commuting distance
  • Potential for promotion, training, bonuses, awards, and premium pay must also be the same