You are here: Home Work Issues Family & Medical ... FMLA - Key ... Summary
Information about all aspects of finances affected by a serious health condition. Includes income sources such as work, investments, and private and government disability programs, and expenses such as medical bills, and how to deal with financial problems.
Information about all aspects of health care from choosing a doctor and treatment, staying safe in a hospital, to end of life care. Includes how to obtain, choose and maximize health insurance policies.
Answers to your practical questions such as how to travel safely despite your health condition, how to avoid getting infected by a pet, and what to say or not say to an insurance company.

Summary

Key employees are treated differently than other employees under the FMLA when it comes to job reinstatement.

If restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate a key employee who wishes to return from FMLA leave.

To Learn More

Related Articles

FMLA

Am I A "Key Employee" For Purposes Of The FMLA

A "key" employee is a salaried "eligible" employee who is among the top ten percent highest paid employees within 75 miles of the work site.

When Can An Employer Refuse To Reinstate A Key Employee?

If you are a key employee, before your employer can refuse to reinstate you, your employer must:

  • Notify you of your status as a "key" employee in response to your notice of intent or your request to take FMLA leave.
  • Notify you as soon as your employer decides it will deny job restoration, and explain the reasons for this decision.
  • If leave has started, your employer must offer you a reasonable opportunity to return to work from FMLA leave, taking into account the circumstances such as the length of the leave and the urgency of the need for your to return; and
  • You are still entitled to request reinstatement at the end of the leave period. Your employer must then again determine whether there will be substantial and grievous economic injury from reinstatement based on the facts at that time.   If it is determined that substantial and grievous economic injury will result, your employer must so notify you.  If the employer is correct, you do not have to be reinstated.

Note: Even if you receive notice that your employer does not intend to reinstate you, your health benefits continue for the entire FMLA leave period.

Even If Your Employer Gave Notice That You Won't Be Restored To Your Job, Ask Again When You're Ready To Return To Work


Even after you've been given notice that substantial and grievous economic injury will result if you are reinstated to your job and you don't return to work in response to that notice, you are still entitled to request reinstatement at the end of the leave period. Your employer must then again determine whether there will be substantial and grievous economic injury from reinstatement based on the facts at that time. If it is determined that substantial and grievous economic injury will result, your employer must so notify you of that fact and does not have to reinstate you.

Note: Even if you receive notice that your employer does not intend to reinstate you, your health benefits continue for the entire FMLA leave period.

To Learn More

More Information

Job Accomodation