Question

Which provision of the Family and Medical Leave Act do you strongly agree with? For example, I agree that an employee must work for a company for 12 months before they are eligible for FMLA because allowing an employee time off and being required to hold open their position sometimes creates a hardship and should only be done for employees who have been with the company for one year.

Answer 1

There are certainly many provisions in the FMLA that I strongly agree with. But one such provision of the FMLA is reinstatement of a key employee may be denied at the conclusion of FMLA leave if reinstatement would cause "substantial and grievous economic injury" to the employer. Many employers are under the misconception that FMLA leave can be denied for highly compensated "key" employees; however, key employees do have the right to take FMLA leave. This is the provision that I'm strongly agreeing with.

The key employee exception to reinstatement places a difficult burden on the employer to meet the standard of a substantial and grievous economic injury and provide related timely notices. While it may be beneficial in some cases to use this exception, employers should exercise caution in doing so and should ensure compliance with all notice requirements.

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