Employer responsibilities for reinstating employees returning from FFCRA leave

On April 1, employees across the nation were able to take paid leave for COVID-19-related reasons under the Families First Coronavirus Response Act (FFCRA). Soon enough, those who have used all their available FFCRA leave will return to work. Accordingly, you must understand your responsibilities as they return from taking emergency paid sick leave or expanded family and medical leave.

General restoration provisions

The FFCRA’s provisions make clear you have certain responsibilities to restore employees to the same or an equivalent position they held when their emergency paid sick leave or expanded family and medical leave commenced. An “equivalent position" means one with equivalent benefits, pay, and other terms and conditions as the employee’s previous job.

Limitations on restoration provisions

In limited circumstances, you aren’t required to restore employees to their same or an equivalent position upon return from emergency paid sick leave or expanded family and medical leave:

Layoffs or furloughs. Would-be returning employees aren’t protected from employment actions, such as layoffs or furloughs, that would have affected them had they not taken the leave. To deny restoration of employment on those grounds, you must be able to show the individual would not have otherwise been employed at the time reinstatement is requested.