There are certain circumstances under which an employee on FMLA leave may not have the right of reimbursement. In the paragraphs below, an Orange County employment lawyer explains some of these.
When Right of Reinstatement Does Not Apply
This can happen if an employee is terminated while on FMLA leave for cause that does not have anything to do with the reason for the leave. Right to reinstatement is suspended in such cases. Further, when the employee returns right to reinstatement extends only to jobs or other considerations that would have been rightfully his or hers without the leave.
The Key Employee
This salaried employee is ranked among the highest paid 10% of the company’s entire workforce located inside a 75-mile distance from his or her workplace. If it is decided that restoring this employee causes financial hardship or “substantial and grievous economic injury” to the firm, the company has the option to contact the employee with the choice of ending the leave early or cancelling it altogether. With that condition met, the company is not obligated to reinstate the employee under right of reinstatement. Normally, the employee will be advised of his “key employee” status when the request for leave is made.
Employees with grievances have the following options under FMLA:
- Restoration of the employee’s position or upgrade such as promotion;
- Restoration of wages lost or award of a sum comparable to earnings, interest or employee benefits denied or otherwise lost if the company is unable to demonstrate that their action was honest and within FMLA requirements; and
- Compensation for legal and related expenses.
To Find Help
Be sure that you are fully informed about your rights under FMLA. Contact the law office of Daily Aljian LLP at 949-861-2524 today.