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FMLA and Termination
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FMLA and Termination
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Approximately a week ago, an employee requested a 5 week leave of absence to handle some personal business regarding his father immigrating to the US, as well as assisting him in taking care of some m
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FMLA and Termination
posted at 6/22/1999 4:43 AM EDT
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Posts: 8
First: 6/13/1999 Last: 11/1/1999 |
Approximately a week ago, an employee requested a 5 week leave of absence to handle some personal business regarding his father immigrating to the US, as well as assisting him in taking care of some medical conditions. For the last week, the employee's immediate supervisor had been working with this employee to take care of all the reports and duties that this employee would normally handle, and redistribute them to others within the department. (Leaving the impression that leave was granted without any conditions.)
Today the owner of the comapany, has asked me to write a letter essentially laying this person off. We have actually recently began to restructure the company, and his job responsibilities have decreased tremendously. Taking into consideration the family leave request, and the company restructure, what kind of exposure are we opening ourselves up to, under such circumstances? One side note, this employee is one of the highest paid employees within the company. |
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FMLA and Termination
posted at 6/22/1999 5:31 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
I would suggest that you consult with a labor and employment attorney who has knowledge about the FMLA. The long and the short of it is that although the employee has a right under FMLA to up to 12 weeks of unpaid leave, the employer has the right to require that the leave be verified. Even if FMLA applies, that does not mean an employee has an absolute right to return to the same position. If, for example, the company would have otherwise laid off a group of employees (including the FMLA taker) even if the FMLA had not been taken, then the employer need not give the employee GREATER protections than those give to his or her peers. The issue comes down to how do you prove that the decision would have been made in any event. That is where a lawyer can help an employer prove the point before the case is even filed.
Take it from experience, call a lawyer. If you need a referral to an attorney in your area, please feel free to e-mail me: Matthew T. Miklave, Esq. Epstein Becker & Green, P.C. 250 Park Avenue New York, New York 10177 (212) 351-4663 (212) 661-0989 (fax) MMiklave@ebglaw.com |
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