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

(b)  The taking of family leave shall notresult in the loss of any employment benefit accrued before the date on whichthe leave commenced, except for any paid leave that may have been expended inconjunction with the family leave.

(c)  Nothing in this chapter shall be construedto entitle or deny any employee to the accrual of any seniority or employmentbenefits during any period of leave, or any right, employment benefit, orposition to which the employee would have been entitled had the employee nottaken the leave. [L 1991, c 328, pt of §1]