Do I have a right to return to work if I am taking paid sick leave or Expanded FMLA under the Emergency Paid Sick Leave Act or the Emergency Family and Medical Leave Expansion Act?

Generally, yes. In light of Congressional direction to interpret requirements among the acts consistently, Department of Labor guidance clarifies that the acts require employers to provide the same (or a nearly equivalent) job to an employee who returns to work following leave.

In most instances, you are entitled to be restored to the same or an equivalent position upon return from Expanded FMLA. However, you are not protected from employment actions that would have affected you regardless of whether you took leave.

Last Modified: 
April 10, 2020