On return from FMLA leave (whether after a block of leave or an instance of intermittent leave), the FMLA requires that, as with all employers covered under the FMLA, an employer of an airline flight crew employee return the employee to the same job or one that is nearly identical (equivalent).
If not returned to the same job, a nearly identical job must:
- offer the same shift or general work schedule, and be at a geographically proximate worksite (i.e., one that does not involve a significant increase in commuting time or distance);
- involve the same or substantially similar duties, responsibilities, and status;
- include the same general level of skill, effort, responsibility and authority;
- offer identical pay, including equivalent premium pay, overtime and bonus opportunities, profit-sharing, or other payments, and any unconditional pay increases that occurred during FMLA leave; and
- offer identical benefits (such as life insurance, health insurance, disability insurance, sick leave, vacation, educational benefits, pensions, etc.).
October 2018
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