2007 Minnesota Statutes

181.942 REINSTATEMENT AFTER LEAVE.
    Subdivision 1. Comparable position. (a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning from
a leave of absence longer than one month must notify a supervisor at least two weeks prior to
return from leave. An employee returning from a leave under section 181.9412 or 181.9413 is
entitled to return to employment in the employee's former position.
(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a layoff
and the employee would have lost a position had the employee not been on leave, pursuant to
the good faith operation of a bona fide layoff and recall system, including a system under a
collective bargaining agreement, the employee is not entitled to reinstatement in the former or
comparable position. In such circumstances, the employee retains all rights under the layoff and
recall system, including a system under a collective bargaining agreement, as if the employee had
not taken the leave.
    Subd. 2. Pay; benefits; on return. An employee returning from a leave of absence under
sections 181.940 to 181.944 is entitled to return to employment at the same rate of pay the
employee had been receiving when the leave commenced, plus any automatic adjustments in the
employee's pay scale that occurred during leave period. The employee returning from a leave
is entitled to retain all accrued preleave benefits of employment and seniority, as if there had
been no interruption in service; provided that nothing in sections 181.940 to 181.944 prevents
the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other
agreement between the employer and employees.
    Subd. 3. Part-time return. An employee, by agreement with the employer, may return to
work part time during the leave period without forfeiting the right to return to employment at the
end of the leave period, as provided in sections 181.940 to 181.944.
History: 1987 c 359 s 3; 1990 c 577 s 5