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(1) Restoration to position.
(a) In general. Any employee who takes leave under this Chapter for the intended purpose of the leave shall be entitled, on return from such leave:
(.1) to be restored by the employer to the position of employment held by the employee when the leave commenced; or
(.2) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
(b) Loss of benefits. The taking of leave under this Chapter shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
(c) Limitations. Nothing in this subsection shall be construed to entitle any restored employee to:
(.1) the accrual of any seniority or employment benefits during any period of leave; or
(.2) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
(d) Construction. Nothing in this Chapter shall be construed to prohibit an employer from requiring an employee on leave under this Chapter to report periodically to the employer on the status and intention of the employee to return to work.
(2) Maintenance of health benefits.
(a) Coverage. Except as provided in subsection (b), during any period that an employee takes leave under this Chapter, the employer shall maintain coverage for the employee and any family or household member under any group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave.
(b) Failure to return from leave. The employer may recover the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under such group health plan during any period of leave under this Chapter if:
(.1) the employee fails to return from leave under this Chapter after the period of leave to which the employee is entitled has expired; and
(.2) the employee fails to return to work for a reason other than the continuation, recurrence, or onset of domestic violence, sexual assault, or stalking that entitles the employee to leave pursuant to this Chapter.
(.1) Issuance. An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subsection (b)(.2) to provide, within forty-five (45) days after making the claim, certification to the employer that the employee is unable to return to work because of that reason.
(.2) Contents. An employee may satisfy the certification requirement of subsection (.1) by providing to the employer:
(.a) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic violence, sexual assault, or stalking or the effects of that violence;
(.b) a police or court record; or
(.c) other corroborating evidence.