Are there circumstances in which an employer can deny reinstatement to an employee following FMLA leave?
A. Yes. In addition to denying reinstatement in certain circumstances to “key” employees, employers are not required to reinstate employees who would have been laid off or otherwise had their employment terminated had they continued to work during the FMLA leave period as, for example, due to a general layoff. Employees who give unequivocal notice that they do not intend to return to work also lose their entitlement to FMLA leave. Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave no longer have FMLA protections of leave or job restoration Under certain circumstances, employers who advise employees experiencing a serious health condition that they will require a medical certificate of fitness for duty to return to work may deny reinstatement to an employee who fails to provide the certification, or may delay reinstatement until the certification is submitted.
Related Questions
- Are there other circumstances in which employers can deny employees FMLA leave or reinstatement to their jobs?
- Are there circumstances in which an employer can deny reinstatement to an employee following FMLA leave?
- Are there other circumstances in an employer can deny an employee FMLA leave or job reinstatement?
