[§398-7]  Employment and benefits
protection.  (a)  Upon return from family leave, the employee shall be
entitled to be restored by the employer to the position of employment held by
the employee when the leave commenced, or restored to an equivalent position
with equivalent employment benefits, pay, and other terms and conditions of
employment.  If, however, during a leave, the employer experiences a layoff or
workforce reduction and the employee would have lost a position had the
employee not been on family leave, the employee is not entitled to
reinstatement in the former or equivalent position.  In such circumstances, the
employee retains all rights, including seniority rights, pursuant to the good
faith operation of a bona fide layoff and recall system.



(b)  The taking of family leave shall not
result in the loss of any employment benefit accrued before the date on which
the leave commenced, except for any paid leave that may have been expended in
conjunction with the family leave.



(c)  Nothing in this chapter shall be construed
to entitle or deny any employee to the accrual of any seniority or employment
benefits during any period of leave, or any right, employment benefit, or
position to which the employee would have been entitled had the employee not
taken the leave. [L 1991, c 328, pt of §1]