Q. We have an employee on. Can we replace her and find a different job for her when she returns?
A. You may replace your employee while she is onleave. However, if she returns at or before the end of her protected leave and is able to perform the essential functions of the job she held when the leave began, you must reinstate her to her former job or one that is equivalent in pay, benefits, seniority, duties, responsibilities and status.
Thus, it may be advisable to fill your employee’s position with a temporary worker and reinstate your employee to her previous job when she returns from FMLA leave.
- Make sure employees--and bosses and HR--know exactly how to call in FMLA absences
- Feel free to deny employees' FMLA leave requests that aren't legitimate under the law
- Get ready for more changes as the DOL launches a study of how employees use the FMLA
- How to navigate the intersection of the ADA and the FMLA
- Must we prorate bonuses for employees who missed work while out on FMLA leave?