Is my employer required to return me to my same position under FMLA if I moved away from my original location while on FMLA?

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Is my employer required to return me to my same position under FMLA if I moved away from my original location while on FMLA?

Employee moved from Asheville NC to Raleigh NC while on FMLA and expects to
be reinstated to their old position in the new city.

Asked on May 1, 2019 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the employer does not have to reinstate the employee in this case because the employee removed him- or herself from the place of employment. The employer's obligation was to reinstate him or her to the same job, which means at the same location. FMLA does not require anything beyond that, such as a transfer to a new location or that that employer create a new position in a different location or move a position that the employer had at location A to location B.


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