FMLA FMLA Return-to-Work & Reinstatement Procedures 1 — Questions and Answers
Question 1: An employee returning from FMLA leave for their own serious health condition is entitled to be restored to which position?
- Their original position only, with no exceptions
- The same or an equivalent position with equivalent pay, benefits, and working conditions (Correct answer)
- A comparable position at the employer's discretion
- Any available position in the company
Correct answer: The same or an equivalent position with equivalent pay, benefits, and working conditions
FMLA guarantees restoration to the same position or an equivalent one with equivalent pay, benefits, schedule, and other terms and conditions of employment.
Question 2: An employer requires a fitness-for-duty certification before restoring an employee who took continuous FMLA leave for their own health condition. Which statement about this requirement is correct?
- Employers may never require a fitness-for-duty certification
- The employer must inform the employee of this requirement in the designation notice (Correct answer)
- The employee must pay for the fitness-for-duty examination out of pocket
- The fitness-for-duty certification must be from a specialist
Correct answer: The employer must inform the employee of this requirement in the designation notice
If an employer has a uniform policy requiring fitness-for-duty certifications, it must notify the employee of this requirement in the FMLA designation notice.
Question 3: An employee on FMLA leave is notified that their position was eliminated in a company-wide reduction in force. What are their FMLA reinstatement rights?
- The employee must be restored to any available position in the company
- The employee has no reinstatement right if they would have been laid off regardless of the leave (Correct answer)
- The employer must reinstate the employee and later lay them off
- The employee is entitled to 6 additional months of employment after returning
Correct answer: The employee has no reinstatement right if they would have been laid off regardless of the leave
FMLA does not protect employees from layoffs that would have occurred regardless of the leave; if the position was legitimately eliminated, reinstatement is not required.
Question 4: A 'key employee' under FMLA is defined as a salaried, FMLA-eligible employee who ranks among the top what percentage of the employer's workforce by pay?
- 5%
- 10% (Correct answer)
- 15%
- 20%
Correct answer: 10%
FMLA defines a key employee as a salaried, eligible employee who is among the highest-paid 10 percent of the employer's workforce within 75 miles.
Question 5: Under what condition may an employer deny reinstatement to a key employee returning from FMLA leave?
- Whenever the employer believes it is inconvenient to reinstate the employee
- If reinstatement would cause substantial and grievous economic injury to the employer (Correct answer)
- If the employee was absent for more than 6 weeks
- If a permanent replacement was hired within the first 2 weeks
Correct answer: If reinstatement would cause substantial and grievous economic injury to the employer
Denial of reinstatement for a key employee is only lawful when the employer demonstrates that restoring the employee would cause substantial and grievous economic injury.
Question 6: Before denying reinstatement to a key employee, what must the employer do?
- Obtain a court order permitting the denial
- Notify the employee of key-employee status and the potential denial as soon as the employer decides to deny reinstatement (Correct answer)
- Wait until the employee actually attempts to return to work
- Send written notice to the DOL 30 days in advance
Correct answer: Notify the employee of key-employee status and the potential denial as soon as the employer decides to deny reinstatement
Employers must notify the key employee of their status and the potential denial of reinstatement at the time the employer decides it may deny restoration.
FMLA FMLA Return-to-Work & Reinstatement Procedures 1
An employee returning from FMLA leave for their own serious health condition is entitled to be restored to which position?