29 C.F.R. § 825.214Employee right to reinstatement
The regulation, in full
General rule. On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence. See also ยง 825.106
(e) for the obligations of joint employers.
Verbatim from the eCFR, title 29, section 825.214, current as of 2026-07-29. Read it at the official source: ecfr.gov →
Court opinions applying § 825.214
Each opinion below was checked against its own text: the citation appears in a C.F.R. context and the opinion discusses the FMLA. Cases that merely contained the number were dropped.
| Case | Court | Decided |
|---|---|---|
| Gary Waag v. Sotera Defense Solutions, Inc. | Court of Appeals for the Fourth Circuit | 2017-05-16 |
| Esler v. Sylvia-Reardon | Massachusetts Supreme Judicial Court | 2016-03-09 |
| Edgar v. JAC Products Inc | Court of Appeals for the Sixth Circuit | 2006-04-06 |
| Mahoney v. Nokia, Inc. | District Court, M.D. Florida | 2006-07-28 |
| Thurston v. Cherry Hill Triplex | District Court, D. New Jersey | 2008-08-05 |
| Colburn v. Parker Hannifin/Nichols Portland Division | District Court, D. Maine | 2005-01-25 |
| Rinehimer v. Cemcolift Inc | Court of Appeals for the Third Circuit | 2002-05-30 |
| Throneberry v. McGehee Desha County Hospital | Court of Appeals for the Eighth Circuit | 2005-04-11 |
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