Does the University have to hold the employee’s position during a Paid Family Leave?

Yes, employees must be restored to the same or equivalent position upon return to work. If an employee feels they have experienced discrimination or retaliation due to their Paid Family Leave, they have the right to file a complaint with the State of New York. If the position would have changed or ended independently of the request for Paid Family Leave, the employee does not need to be restored to their original position.  For example, if the shift changed or has been eliminated, the employee does not have a right to return to the former shift.  If a position was established for a limited duration, such as a graduate assistantship that was awarded for a certain period of time, there is no obligation to hold or create a position beyond its’ original end date.