Last reviewed June 2026

Do employees get the same benefits back after FMLA leave?

Short answer: Yes. An employee returning from FMLA leave must be restored to the same group health coverage on the same terms as before, with no new waiting period or re-qualification.

FMLA is job-protected leave, so when an eligible employee returns, the employer must reinstate their health coverage exactly as it was before the leave; same plan, same terms, without imposing a new waiting period, re-enrollment hurdle, or evidence of insurability. This protection applies to employers with 50 or more employees who are covered by the FMLA.

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