›

term after fmla

HollyGHollyG 9 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee who will return from FMLA leave in January. We understand that we have to reinstate her in the same or a comparable position when she returns. She is not classified as one of the highest paid 10% at our small company. The company has been tight on cash, having cut everyone's salaries and shut down for several weeks this quarter. Under these conditions, can we terminate her employment after she returns? She's in a position where her skills will not be needed as much as before. Her work will not be distributed to other employees or replaced by a contractor. Thanks for your help.
Share on Facebook Share on Twitter

Comments

  • 1 Comment sorted by Votes Date Added
  • vmiller MOvmiller MO 98 Posts
    PMVote Up0Vote Down
    I suggest that you obtain guidance from your company's attorney on this issue because there are potentially severe ramifactions if you are found to have violated the FMLA. The question you ask is fact specific and needs to be analyzed in accordance with your unique facts. The regulations do provide some guidance concerning restoration right when a job has been eliminated. For example see 29 CFR Section 825.214, Section 825.216. Again, I urge you to consult your company's attorney.
    Share on Facebook Share on Twitter
Sign In or Register to comment.