Glossary

Term · California: Leave, Money, and Paperwork

comparable position

Also: equivalent position, same or comparable job

The job a worker must return to after protected leave: the same job, or one with the same pay, benefits, and working conditions.

In plain words

A comparable position is a job that matches the one a worker left. Under federal and California leave law, an employer must return the worker to her old job or to an equivalent one. Equivalent means similar in pay, benefits, responsibility, and working conditions. It also usually means the same or a nearby work location and shift. The rule protects the worker's place, not a promotion. An employer does not have to give back a job that was eliminated for reasons that would have happened anyway. The worker's rights are the same whether she is on , , or family care leave. If a return offer looks different, courts look at the details of the change, such as pay, duties, and location.

The deeper version

Restoration rights under the (29 U.S.C. section 2614(a)) require to the same position or one virtually identical in pay, benefits, terms, and location, as elaborated in 29 CFR section 825.215. (Government Code section 12945.2) imposes a parallel obligation on covered employers, with its own equivalence standard. Equivalence is judged on duties, skill, effort, responsibility, and working conditions. The FMLA allows denial of restoration to certain highly paid key employees in narrow cases. Restoration does not protect against layoffs that would have occurred regardless of leave. Disputes center on whether a reassignment is truly equivalent, including changes to schedule or title.

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Sources

  • US Department of Labor, Wage and Hour Division — Family and Medical Leave Act regulations, 29 CFR part 825, section 825.215
  • State of California — Government Code section 12945.2 (California Family Rights Act)

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