Lost certification during FMLA? No right to reinstatement — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Lost certification during FMLA? No right to reinstatement

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in FMLA Guidelines,Human Resources

Employees on FMLA leave aren’t entitled to reinstatement if they can’t perform the essential functions of their jobs. Losing a certification required to do the job during FMLA leave may mean no right to reinstatement.

Recent case: Daryle worked at a nuclear power plant. His position required him to have access credentials, including a federal certification to enter and work at nuclear facilities.

After receiving inpatient treat­ment for sleep deprivation and paranoid thoughts, Daryle took FMLA leave. During leave, his federal access certificate was revoked, partly because of his condition. When it wasn’t reinstated, the plant terminated him.

He sued, arguing that the employer interfered with his right to take FMLA leave.

The court disagreed. It said the certification was essential to the job. Without it, he wasn’t qualified and didn’t need to be reinstated. (McNelis v. PPL, No. 4:13-02612, MD PA, 2016)

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