§6384 Employment and Benefits Protection

Summary

If an employee takes leave under section 6382 for the reason intended, the employer must put the employee back in the same job when they return or give them an equivalent job with the same pay, benefits, status, and working conditions. Taking that leave cannot make the employee lose any benefits they already earned before the leave began. The employer does not have to give benefits that would have accrued during the leave or any extra rights beyond what the employee would have had if they had not taken leave. For leave under section 6382(a)(1)(D), the employer may require a uniformly applied policy that the employee get a health care provider’s certificate saying they can return to work. Employers may also require people on this leave to report periodically about their status and plans to return.