A Deep Dive Into Job Protection: What Does It Really Mean?

Those in leave of absence often use the term “job protection,” but what does it really mean? In some cases, the law spells it out. The FMLA requires an employer to restore the employee to the same or an “equivalent” job. The ADA holds employers to a higher standard; the employee must be returned to the same position, in the absence of undue hardship. But what about the many other statutory leaves that aren’t as explicit, and which may fall within a grey area? Even murkier, what are an employer’s obligations to restore an employee who takes a company leave, such as vacation or sick leave? We will explore the nuances of job protection, from sticky FMLA and ADA cases, to newly-enacted state and local laws, to the sometimes confusing doctrines surrounding employer-provided plans.