Are there other circumstances in an employer can deny an employee FMLA leave or job reinstatement?
There are a variety of reasons why an employee may not be reinstated. Some examples are: • An employer may deny reinstatement, in certain circumstances, to “key” employees or to employees who would have been laid off or terminated had they continued to work during the FMLA leave period. • An employer may deny reinstatement to employees who give unequivocal notice that they do not intend to return to work. • An employer may deny reinstatement to employees who have exhausted their 12 weeks of FMLA leave in the designated “12 month period” and are unable to return to work. • An employer may deny or delay reinstatement to employees to employees with a serious health condition who fail to provide a medical certificate of fitness for duty to return to work.
Related Questions
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- Are there other circumstances in an employer can deny an employee FMLA leave or job reinstatement?
