It depends on what their rights would have been if the employee had not been on leave when the worksite closed. Once an employee returns from FMLA leave, they are entitled to be returned to the same position or to an equivalent position. An equivalent position must have substantially similar duties, conditions, responsibilities, privileges and status as the employee’s original position. If the employee’s original worksite has been closed, the employee is entitled to the same rights as if the employee had not been on leave when the worksite closed. For example, if an employer transfers all employees from a closed worksite to a new worksite in a different city, the employee on leave is also entitled to transfer under the same conditions as if he or she had continued to be employed.