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This would depend. Under the Family Medical Leave Act, , an eligible employee who availed of leaves under the FMLA, has the right to return to the same or equivalent position, pay, and benefits upon the conclusion of their leave. This means that the employer is mandated to restore his employee to his job after his leave.

However, if the employee took a leave of absence not allowed under the FMLA or other state laws, or is not eligible for such job-protected leave, the management has no legal obligation to take him back.

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14y ago

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