Glossary

Term · California: Leave, Money, and Paperwork

reinstatement

Also: right to return to work, return to the same job

The right to return to the same job, or a comparable one, after pregnancy or family leave ends. Employers in California generally must offer it under state law.

In plain words

Reinstatement means getting your job back, or a comparable one, when a protected leave ends. In California, employers with five or more employees generally have to offer reinstatement after or family leave. The job must be the same or comparable in pay, location, and duties. The employer must also keep your group health coverage during leave on the same terms as if you were working. An employer may refuse reinstatement only where it can show a defined business necessity. If your job is not offered back, the state civil rights office can explain your options.

The deeper version

Under the and its pregnancy regulations (2 CCR 11035 and following; Government Code section 12945), a covered employer may not refuse reinstatement to the same or a at the end of pregnancy disability leave, absent a defined business-necessity defense. Under the (, Government Code section 12945.2), covered employers must also maintain group health coverage on the terms that would apply if the employee were working. Comparability is commonly read by analogy to rules, meaning equivalent pay, benefits, location, and duties. Enforcement runs through the Civil Rights Department complaint process. The chief practical question is what counts as comparable, which is decided case by case and is often disputed.

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Sources

  • California Legislature — Government Code sections 12945 and 12945.2 (FEHA pregnancy provisions and CFRA)
  • California Civil Rights Department — Pregnancy, childbirth and related medical conditions regulations (2 CCR 11035)

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