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FMLA - Key Employees

Even If Your Employer Gave Notice That You Won't Be Restored To Your Job, Ask Again When You're Ready To Return To Work

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Even after you've been given notice that substantial and grievous economic injury will result if you are reinstated to your job and you don't return to work in response to that notice, 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 of that fact and does not have to reinstate you.

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.

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