Q. When an employee returns from, do we have to give her the very same job she had or can she be put to work in a different type of position?
A. A maternity leave is covered by the, so if the employee does not take more than the 12 weeks of leave allowed by the FMLA, the employee must be reinstated to the same or equivalent position.
If the employee takes more than the 12 weeks ofor is not eligible for FMLA leave (because she has not been employed for one year or has not worked 1,250 hours within the preceding 12 months), you should treat the employee returning from maternity leave the same as you treat employees returning from other types of leave, such as a short-term disability leave or a personal leave.