---
kind: "section"
citation: "29 U.S.C. § 2614"
title: "29"
title_heading: "Labor"
number: "2614"
heading: "Employment and benefits protection"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/2614"
units:
  - "Chapter 28 — Family and Medical Leave"
  - "Subchapter I — General Requirements for Leave"
---

# §2614. Employment and benefits protection

- (a) **Restoration to position—**
  - (1) **In general—** Except as provided in [subsection (b)](#b), any [eligible employee](/usc/29/2611.md?p=2-A) who takes leave under [section 2612 of this title](/usc/29/2612.md) for the intended purpose of the leave shall be entitled, on return from such leave—
    - (A) to be restored by the [employer](/usc/29/2611.md?p=4-A) to the position of employment held by the [employee](/usc/29/2611.md?p=3) when the leave commenced; or
    - (B) to be restored to an equivalent position with equivalent [employment benefits](/usc/29/2611.md?p=5), pay, and other terms and conditions of employment.
  - (2) **Loss of benefits—** The taking of leave under [section 2612 of this title](/usc/29/2612.md) shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
  - (3) **Limitations—** Nothing in this section shall be construed to entitle any restored [employee](/usc/29/2611.md?p=3) to—
    - (A) the accrual of any seniority or [employment benefits](/usc/29/2611.md?p=5) during any period of leave; or
    - (B) any right, benefit, or position of employment other than any right, benefit, or position to which the [employee](/usc/29/2611.md?p=3) would have been entitled had the [employee](/usc/29/2611.md?p=3) not taken the leave.
  - (4) **Certification—** As a condition of restoration under [paragraph (1)](#a-1) for an [employee](/usc/29/2611.md?p=3) who has taken leave under [section 2612(a)(1)(D) of this title](/usc/29/2612.md?p=a-1-D), the [employer](/usc/29/2611.md?p=4-A) may have a uniformly applied practice or policy that requires each such [employee](/usc/29/2611.md?p=3) to receive certification from the [health care provider](/usc/29/2611.md?p=6) of the [employee](/usc/29/2611.md?p=3) that the [employee](/usc/29/2611.md?p=3) is able to resume work, except that nothing in this paragraph shall supersede a valid [State](/usc/29/2611.md?p=3) or local law or a collective bargaining agreement that governs the return to work of such [employees](/usc/29/2611.md?p=3).
  - (5) **Construction—** Nothing in this subsection shall be construed to prohibit an [employer](/usc/29/2611.md?p=4-A) from requiring an [employee](/usc/29/2611.md?p=3) on leave under [section 2612 of this title](/usc/29/2612.md) to report periodically to the [employer](/usc/29/2611.md?p=4-A) on the status and intention of the [employee](/usc/29/2611.md?p=3) to return to work.
- (b) **Exemption concerning certain highly compensated employees—**
  - (1) **Denial of restoration—** An [employer](/usc/29/2611.md?p=4-A) may deny restoration under [subsection (a)](#a) to any [eligible employee](/usc/29/2611.md?p=2-A) described in [paragraph (2)](#b-2) if—
    - (A) such denial is necessary to prevent substantial and grievous economic injury to the operations of the [employer](/usc/29/2611.md?p=4-A);
    - (B) the [employer](/usc/29/2611.md?p=4-A) notifies the [employee](/usc/29/2611.md?p=3) of the intent of the [employer](/usc/29/2611.md?p=4-A) to deny restoration on such basis at the time the [employer](/usc/29/2611.md?p=4-A) determines that such injury would occur; and
    - (C) in any case in which the leave has commenced, the [employee](/usc/29/2611.md?p=3) elects not to return to employment after receiving such notice.
  - (2) **Affected employees—** An [eligible employee](/usc/29/2611.md?p=2-A) described in [paragraph (1)](#b-1) is a salaried [eligible employee](/usc/29/2611.md?p=2-A) who is among the highest paid 10 percent of the [employees](/usc/29/2611.md?p=3) employed by the [employer](/usc/29/2611.md?p=4-A) within 75 miles of the facility at which the [employee](/usc/29/2611.md?p=3) is employed.
- (c) **Maintenance of health benefits—**
  - (1) **Coverage—** Except as provided in [paragraph (2)](#c-2), during any period that an [eligible employee](/usc/29/2611.md?p=2-A) takes leave under [section 2612 of this title](/usc/29/2612.md), the [employer](/usc/29/2611.md?p=4-A) shall maintain coverage under any “group health plan” (as defined in [section 5000(b)(1) of title 26](/usc/26/5000.md?p=b-1)) for the duration of such leave at the level and under the conditions coverage would have been provided if the [employee](/usc/29/2611.md?p=3) had continued in employment continuously for the duration of such leave.
  - (2) **Failure to return from leave—** The [employer](/usc/29/2611.md?p=4-A) may recover the premium that the [employer](/usc/29/2611.md?p=4-A) paid for maintaining coverage for the [employee](/usc/29/2611.md?p=3) under such group health plan during any period of unpaid leave under [section 2612 of this title](/usc/29/2612.md) if—
    - (A) the [employee](/usc/29/2611.md?p=3) fails to return from leave under [section 2612 of this title](/usc/29/2612.md) after the period of leave to which the [employee](/usc/29/2611.md?p=3) is entitled has expired; and
    - (B) the [employee](/usc/29/2611.md?p=3) fails to return to work for a reason other than—
      - (i) the continuation, recurrence, or onset of a [serious health condition](/usc/29/2611.md?p=11) that entitles the [employee](/usc/29/2611.md?p=3) to leave under subparagraph (C) or (D) of [section 2612(a)(1) of this title](/usc/29/2612.md?p=a-1) or under [section 2612(a)(3) of this title](/usc/29/2612.md?p=a-3); or
      - (ii) other circumstances beyond the control of the [employee](/usc/29/2611.md?p=3).
  - (3) **Certification—**
    - (A) **Issuance—** An [employer](/usc/29/2611.md?p=4-A) may require that a claim that an [employee](/usc/29/2611.md?p=3) is unable to return to work because of the continuation, recurrence, or onset of the [serious health condition](/usc/29/2611.md?p=11) described in [paragraph (2)(B)(i)](#c-2-B-i) be supported by—
      - (i) a certification issued by the [health care provider](/usc/29/2611.md?p=6) of the son, daughter, [spouse](/usc/29/2611.md?p=13), or [parent](/usc/29/2611.md?p=7) of the [employee](/usc/29/2611.md?p=3), as appropriate, in the case of an [employee](/usc/29/2611.md?p=3) unable to return to work because of a condition specified in [section 2612(a)(1)(C) of this title](/usc/29/2612.md?p=a-1-C);
      - (ii) a certification issued by the [health care provider](/usc/29/2611.md?p=6) of the [eligible employee](/usc/29/2611.md?p=2-A), in the case of an [employee](/usc/29/2611.md?p=3) unable to return to work because of a condition specified in [section 2612(a)(1)(D) of this title](/usc/29/2612.md?p=a-1-D); or
      - (iii) a certification issued by the [health care provider](/usc/29/2611.md?p=6) of the servicemember being cared for by the [employee](/usc/29/2611.md?p=3), in the case of an [employee](/usc/29/2611.md?p=3) unable to return to work because of a condition specified in [section 2612(a)(3) of this title](/usc/29/2612.md?p=a-3).
    - (B) **Copy—** The [employee](/usc/29/2611.md?p=3) shall provide, in a timely manner, a copy of such certification to the [employer](/usc/29/2611.md?p=4-A).
    - (C) **Sufficiency of certification—**
      - (i) **Leave due to serious health condition of employee—** The certification described in [subparagraph (A)(ii)](#c-3-A-ii) shall be sufficient if the certification [states](/usc/29/2611.md?p=3) that a [serious health condition](/usc/29/2611.md?p=11) prevented the [employee](/usc/29/2611.md?p=3) from being able to perform the functions of the position of the [employee](/usc/29/2611.md?p=3) on the date that the leave of the [employee](/usc/29/2611.md?p=3) expired.
      - (ii) **Leave due to serious health condition of family member—** The certification described in [subparagraph (A)(i)](#c-3-A-i) shall be sufficient if the certification [states](/usc/29/2611.md?p=3) that the [employee](/usc/29/2611.md?p=3) is needed to care for the son, daughter, [spouse](/usc/29/2611.md?p=13), or [parent](/usc/29/2611.md?p=7) who has a [serious health condition](/usc/29/2611.md?p=11) on the date that the leave of the [employee](/usc/29/2611.md?p=3) expired.

## Source credit

(Pub. L. 103–3, title I, § 104, Feb. 5, 1993, 107 Stat. 12; Pub. L. 110–181, div. A, title V, § 585(a)(3)(F), Jan. 28, 2008, 122 Stat. 131.)

## Notes

### Editorial Notes

### Amendments

2008—Subsec. (c)(2)(B)(i). Pub. L. 110–181, § 585(a)(3)(F)(i), inserted “or under section 2612(a)(3) of this title” before semicolon.

Subsec. (c)(3)(A)(iii). Pub. L. 110–181, § 585(a)(3)(F)(ii), added cl. (iii).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.