Md. Code Regs. 11.02.13.05
Current through Register Vol. 51, No. 22, November 1, 2024
Section 11.02.13.05 - Restoration to WorkA. An employee returning from FMLA leave shall be returned to the employee's former position or an equivalent position.B. If special qualifications that are required for the position have lapsed during the employee's leave, the employee shall be given reasonable opportunity to fulfill the requirements after returning to work.C. An employee returning to work has no greater right to the employee's former job or an equivalent position, or to other benefits, than if the employee had been continuously employed during the period of leave.D. An employee who is hired for a specific term, or only to perform work on a specific project, has no right to the employee's former job or an equivalent position if the employment term or project is over and the employer would not otherwise have continued employment.E. Employees who did not choose to continue health care coverage or other employer-provided insurance coverage during periods of FMLA leave shall have benefits resumed at the same level as when leave began without a new qualification period.F. If an employee is unable to perform an essential function of the employee's former position or an equivalent position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the provisions of the Americans with Disabilities Act shall apply, as appropriate.Md. Code Regs. 11.02.13.05
Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)