Can key employees be denied FMLA?

Can key employees be denied FMLA?

As soon as an employer makes a good faith determination that substantial and grievous economic injury to its operations will result if a key employee is reinstated, the employer must notify the employee in writing of its determination, that it cannot deny FMLA leave, and that it intends to deny restoration to …

Are there exceptions to FMLA?

The FMLA has a narrow exception that allows employers to replace employees in important positions and decline to reinstate them at the end of the leave period.

How does the FMLA apply to key employees?

“A key employee’s rights under the FMLA continue unless and until the employee either gives notice that he or she no longer wishes to return to work, or the employer actually denies reinstatement at the conclusion of the leave period,” according to the DOL’s website.

When to give written notice for FMLA leave?

An employer who believes that reinstatement may be denied to a key employee, must give written notice to the employee at the time the employee gives notice of the need for FMLA leave (or when FMLA leave commences, if earlier) that he or she qualifies as a key employee.

Do you have to maintain paid leave during FMLA?

Any benefits that would be maintained while the employee is on other forms of leave, including paid leave if the employee substitutes accrued paid leave during FMLA leave, must be maintained while the employee is on FMLA leave. Substitution of Paid Leave FMLA entitles eligible employees to take unpaid leave.

How long does an employee have to work to be eligible for FMLA?

The Act states that for an employee to be an eligible employee under the FMLA, the employee must have worked for the employer for 12 months and have worked at least 1,250 hours in the twelve month period preceding the need for leave. Seems simple enough right? Not so fast, my friend.

Who is a key employee under the FMLA?

Key Employees and Their Rights. Under certain circumstances, an employer may deny job restoration to “key employees.”. A “key employee” is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee’s worksite.

An employer who believes that reinstatement may be denied to a key employee, must give written notice to the employee at the time the employee gives notice of the need for FMLA leave (or when FMLA leave commences, if earlier) that he or she qualifies as a key employee.

When does an employer need to certify FMLA?

When an employee requests FMLA leave due to his or her own serious health condition or a covered family member’s serious health condition, the employer may require certification in support of the leave from a health care provider.

Who is eligible for FMLA leave of absence?

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who: Works for a covered employer; Has worked for the employer for at least 12 months;