News & Analysis as of

Reinstatement Family and Medical Leave Act (FMLA) Hiring & Firing

Dentons

HR Quick Takes: FMLA Leave for Key Employees

Dentons on

Q: If I am designating an employee as a key employee under the FMLA, can I just fire them on the first day of leave?  A: No, the FMLA allows key employee designation (exempt, top 10% of earners), but it only allows denial...more

BCLP

Avoiding State Law Pitfalls (Part 2 of 4)

BCLP on

This is the second hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #2 - A manager of a Chicago, Illinois restaurant calls you regarding a long-term employee...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Decision Shows How Employers Can Deal with Performance Problems Discovered with Employees on Leave

Employees on approved Family and Medical Leave are entitled to reinstatement upon return to the same or an equivalent position. Commonly, when the employee is absent on leave, the employer discovers work performance issues...more

Sherman & Howard L.L.C.

FMLA Leave – Follow Up on Expected Return to Work

An employee who returns to work at the end of FMLA leave may be entitled to reinstatement, even if the employer wasn’t expecting her. In Gienapp v. Harbor Crest, No. 14-1053 (7th Cir., June 24, 2014), the employee requested...more

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