44(1)Where an employee reports for work upon the expiration of the period of leave granted under section 43, the employer shall permit the employee to resume work in the position the employee held immediately before the commencement of the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the commencement of the leave.

44(2)For the purposes of subsection (1), alternative employment referred to in subsection 43(4) shall not be considered as the position the employee held immediately before the commencement of the leave.