You are here: Home Work Issues Family & Medical ... FMLA - Key ... When Can An Employer ...
Information about all aspects of finances affected by a serious health condition. Includes income sources such as work, investments, and private and government disability programs, and expenses such as medical bills, and how to deal with financial problems.
Information about all aspects of health care from choosing a doctor and treatment, staying safe in a hospital, to end of life care. Includes how to obtain, choose and maximize health insurance policies.
Answers to your practical questions such as how to travel safely despite your health condition, how to avoid getting infected by a pet, and what to say or not say to an insurance company.

FMLA - Key Employees

When Can An Employer Refuse To Reinstate A Key Employee?

Next » « Previous


If you are a key employee, before your employer can refuse to reinstate you, your employer must:

  • Notify you of your status as a "key" employee in response to your notice of intent or your request to take FMLA leave.
  • Notify you as soon as your employer decides it will deny job restoration, and explain the reasons for this decision.
  • If leave has started, your employer must offer you a reasonable opportunity to return to work from FMLA leave, taking into account the circumstances such as the length of the leave and the urgency of the need for your to return; and
  • You are still entitled to request reinstatement at the end of the leave period. Your employer must then again determine whether there will be substantial and grievous economic injury from reinstatement based on the facts at that time.   If it is determined that substantial and grievous economic injury will result, your employer must so notify you.  If the employer is correct, you do not have to be reinstated.

Note: Even if you receive notice that your employer does not intend to reinstate you, your health benefits continue for the entire FMLA leave period.

Please share how this information is useful to you. 0 Comments


Post a Comment Have something to add to this topic? Contact Us.

Characters remaining:

  • Allowed markup: <a> <i> <b> <em> <u> <s> <strong> <code> <pre> <p>
    All other tags will be stripped.