Washington Administrative Code
Title 192 - Employment Security Department
PAID FAMILY AND MEDICAL LEAVE
Chapter 192-700 - Employment restoration
Section 192-700-005 - When is an employee entitled to employment restoration after leave ends?
Universal Citation: WA Admin Code 192-700-005
Current through Register Vol. 24-18, September 15, 2024
(1) Subject to RCW 50A.35.010, an employee who meets the criteria listed in that section who takes leave under Title 50A RCW is entitled, on return from the leave, to be restored by the employer to:
(a) The position of employment held by the
employee when the leave commenced; or
(b) An equivalent position with equivalent
employment benefits, pay, and other terms and conditions of employment.
(i) "Equivalent position" means a position
that is nearly identical to the employee's former position as if the employee
did not take extended leave. This includes pay, benefits and working
conditions, privileges, perks, location, and status. It must involve the same
or substantially similar duties and responsibilities, which must entail
substantially equivalent skill, effort, responsibility, and
authority.
(ii) "Employment
benefits" includes all benefits provided or made available to employees by an
employer such as:
(A) Insurance;
(B) Paid time off;
(C) Educational benefits; or
(D) Retirement benefits.
(2) An employee is entitled to such reinstatement even if the employee has been replaced or the employee's position has been restructured to accommodate the employee's absence unless the employer can demonstrate the circumstances fall within WAC 192-700-010(1).
(3) The protections provided in RCW 50A.35.010 and this section apply to the employee beginning with the date the employee starts taking leave.
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