Employment Law Practice Exam 2025 – Comprehensive Prep Resource

When an employee does not return to work after taking leave under the Family and Medical Leave Act (FMLA), the most significant consequence they can face is the potential loss of their job or disciplinary action from their employer. The FMLA provides eligible employees with the right to take up to 12 weeks of unpaid leave for specific family and medical reasons without losing their job. However, this protection is contingent upon the employee’s commitment to return to work at the end of the leave period.

If an employee fails to return to work as promised at the conclusion of their FMLA leave and does not have a valid reason for their absence—such as an extension of the serious health condition that warranted the leave—employers are typically within their rights to terminate the employee or impose other forms of disciplinary action. This is because the law does not require employers to hold a position indefinitely for a worker who does not return, barring any additional qualifying conditions.

In contrast, simply receiving a warning might not accurately reflect the severity of the situation involving non-compliance with FMLA return-to-work provisions. Being placed on unpaid leave is not a consequence directly tied to failing to return; instead, it can be an option for employers if the employee requires more