; or (2) to be restored to an employment position equivalent to the employment position described in paragraph (1), with equivalent employment benefits, pay, and other terms and conditions of employment. (b) Limitations An employee shall be entitled to such reinstatement after using compensable leave even if the employee has been replaced or the employee’s employment position has been restructured to accommodate the employee’s absence, except that the reinstatement rights shall not apply— (1) to an employee who uses more than 12 workweeks of compensable leave during a 12-month period; or (2) to an affected employee, as defined under section 104(b)(2) of the Family and Medical Leave Act ( 29 U.S.C. 2614(b)(2) ). (c) Reinstatement of leave In the case of an employee who is rehired following termination of employment, any compensable leave that has not been used prior to such termination may be reinstated by the employer. 808. Relationship to Americans with Disabilities Act and the Rehabilitation Act of 1973 Nothing in this part shall be construed to modify or relieve an employer from any obligation imposed by the Americans with Disabilities Act ( 42 U.S.C. 12111 et seq.) and the Rehabilitation Act of 1973 ( 29 U.S.C. 791 et seq.). 809. Education and technical assistance