Section 702-1-XIV - [Effective 1/1/2025] Returning From LeaveA. Any employee that has been employed with their employer for at least 120 consecutive calendar days is entitled, upon return from leave, to be restored by the employer to the position held by the employee when the leave commenced, or to be restored to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment. Whether a position is equivalent for the purposes of the Act shall be governed by 29 C.F.R. § 825.215 (eff. Feb. 6, 2013) subject to the limitations under 29 C.F.R. § 825.216 (eff. Feb. 6, 2013).B. If an employee is on initial probation at the time that the employee begins leave, the employer may toll the employee's probationary period during the period of the employee's leave, including intermittent or reduced schedule leave, and doing so shall not be considered a violation of § 850-B (8) or § 850-J (2) of the Act.C. If at any point an employee notifies the employer in writing that they do not intend to return to their job at the end of their leave, the employer is no longer obligated to hold the job open.12-702 C.M.R. ch. 1, § XIV