Q. We understand that employees on
A. No, your policy of changing an employee's anniversary date upon return from leave violates the law. clearly state that, at the end of an employee's leave, benefits must resume at the same level and under the same terms as when the leave began. The one exception: If you instituted a companywide policy change while the employee was on FMLA leave, you can apply that change to the employee who took FMLA leave.
Note: Although FMLA leave can't be treated as a break in service for the purpose of vesting or eligibility in pension and other retirement plans, employees aren't entitled to accrue additional seniority or benefits (such as sick time or vacation time) while on unpaid FMLA leave.
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- Prepare to justify termination by citing business reasons unrelated to FMLA leave