Certified Staffing Profesional Practice Exam

If an employee's temporary assignment is terminated but the client continues to hire in that job category, what are the employee's rights regarding rehire after FMLA?

1. They have no rights

2. They can claim unemployment benefits

3. They can be restored to their position

4. They must apply for rehire

The correct answer is: They can be restored to their position

The correct answer highlights that under the Family and Medical Leave Act (FMLA), employees who take leave are entitled to be reinstated to their previous position or an equivalent one upon their return, provided that their employment status has not been otherwise affected. In the case where an employee's temporary assignment is terminated while the employer continues to hire in that job category, the rights established under FMLA ensure that the employee can be restored to their position, assuming the termination was not due to just cause or a lack of available positions unrelated to the employee's leave. This protection is fundamental as the FMLA aims to safeguard employees from being penalized for taking time off for family or medical reasons. The law recognizes that continuous employment relationships should be maintained even during extended leave, reflecting the principle of job security. In this scenario, the other choices do not align with the legal protections afforded by the FMLA. While unemployment benefits might be relevant if the termination were to cause a loss of pay, it does not pertain to the rights regarding reinstatement. Similarly, the necessity to apply for rehire does not apply if FMLA provisions are in play, as the law grants the right to reinstatement directly. Lastly, stating that they have no