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Report Link Evidence of Misconduct Discovered During FMLA Leave May Support Employee Termination.Ogletree Deakins - September 01, 2009 An employee who takes leave under the Family and Medical Leave Act (FMLA) is entitled - in most instances - to be reinstated to his or her former position, with equivalent pay and benefits, upon expiration of that leave. However, an employee is not entitled to a position or other benefit of employment to which he would not otherwise be entitled simply because he is on FMLA leave. It is on that basis that the 7th U.S. Circuit Court of Appeals upheld the termination of a company’s Vice President of Information Technology, even though the termination occurred while that individual was on an FMLA leave. Report Link An Employee Who is Unable to Return to Work After 12 Weeks of FMLA Leave No Longer Has the Protections of That Act.Ogletree Deakins - February 18, 2009 The Family and Medical Leave Act (FMLA) generally provides 12 weeks of unpaid leave during a 12-month period to an eligible employee suffering from a serious health condition. An employee who takes FMLA leave is entitled to be restored to the job he or she held at the time the leave commenced, or to an equivalent position. If, however, the employee is unable to return to work at the end of that 12-week period, he or she is no longer protected by the FMLA. Report Link FMLA Compliance Review.Barker Olmsted & Barnier - November 04, 2008 At the end of an FMLA leave, an employer must usually take an employee back into the same or an equivalent job. The same rules apply under the California Family Rights Act (“CFRA”). Below is a review of the employer’s obligations. Report Link "De Minimus" changed to job description did not violate the FMLA (pdf).Ogletree Deakins - September 12, 2006 Employees job post maternity leave was equivalent to former position. Report Link Favorable Ruling on Proration of Bonus after FMLA Leave Provides Guidance for Employers.Jackson Lewis LLP - September 07, 2006 A federal appeals court has ruled that an employer may prorate an hours worked-based "production bonus" for employees who are absent from work while on leave under the Family and Medical Leave Act. In Sommer v. Vanguard Group, No. 05-4034 (3d Cir. August 24, 2006), the United States Court of Appeals for the Third Circuit, which has appellate jurisdiction over federal cases arising in Pennsylvania, New Jersey, Delaware and the Virgin Islands, held that the employer did not violate the FMLA when it reduced a former employee's annual bonus payment based on the employee's eight-week leave under the FMLA. This decision represents the first where a federal appellate court has considered the legality of proration of bonus programs under the FMLA. Accordingly, this decision provides valuable guidance for employers in structuring bonus programs to permit reductions based on employee leaves of absence. Report Link Collective Bargaining Agreement's Return to Work Requirements Can be More Demanding than the FMLA's.Ford & Harrison LLP - May 16, 2006 The Seventh U.S. Circuit Court of Appeals has held that the terms of a collective bargaining agreement (CBA) can impose more burdensome return to work requirements on employees returning to work after a medical leave of absence than what is specifically required by the Family and Medical Leave Act (FMLA). Report Link Seventh Circuit Finds Termination During FMLA Leave Is Lawful.Jackson Lewis LLP - August 30, 2001 Discusses Kohls v. Beverly Enterprises Wisconsin, Inc., No. 00-2064 (7th Cir. August 1, 2001), in which the court established a burden of proof standard regarding employee reinstatement rights, putting the initial burden on the employee to establish that she was entitled to restoration to her former position.
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ArticlesFound: 7 ArticlesNO SUBTOPICSEmployment Law Seminars
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November 10, 2009 HR Learning Center LLCWorkplace Change in the Obama EraColumbus
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November 10, 2009 Ballard RosenbergFall Employment Law Mini-SeriesTysons Corner
November 10, 2009 LittlerBusiness Continuity During the H1N1 OutbreakWebinar
November 10, 2009 Littler"Action Steps for Upcoming Open Enrollment" Free E-BriefingWebinar
November 10, 2009 Ford & HarrisonLabor and Employment Law SeminarLos Angeles
November 11, 2009 OgletreeHR Network 2009 | RestonReston
November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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