Are we required to restore employees returning to work after a furlough to their original positions?

There has been a misconception about employees returning to work after the impact of COVID-19. Unless an employee was out on job-protected leave, such as FMLA or EFMLA, you are not required to return them to their original position or to an equivalent one (or bring them back at all). 

With the impact of COVID -19 on business operations across the country, it isn’t surprising that organizations may need to restructure their departments to stay afloat or remain competitive. With that being said, if employees who were furloughed or laid off are asked to come back to a job that feels to them like a demotion, they may be less inclined to accept the offer or may be less engaged in the new role than they were in their previous job.

If restructuring needs to be done, it would be helpful to explain why it was necessary. People generally are much more accepting of change if they understand it and are less likely to claim discrimination if you’ve given them your business-related reason for the decision. 

We were provided with this information from AmCheck Las Vegas by a PHR representative. You may visit AmCheck Las Vegas’s Website.

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