• Employees have the right to return to their original job when returning from FMLA, even if returning earlier than expected.

If, while an employee is out on Family and Medical Leave Act (FMLA) leave, circumstances change and the employee no longer has a need for FMLA leave, the employee’s FMLA leave is concluded, and the employee has an absolute right under the law to be promptly restored to the employee’s original position or an equivalent position of employment.

Employers may not require the employee to take more leave than is necessary to respond to the need for FMLA leave, and may not impose the entire requested leave upon the employee if it is not needed.

That doesn’t mean, however, that if an employee shows up at work unannounced before the expected return date, the employee may simply return to the job. A company may require that the employee give it reasonable advance notice, generally at least two working days, before returning to the employee’s position. This highlights the importance of communication during an FMLA-related situation.