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.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/8194/may-we-replace-an-employee-on-fmla-leave "
- Stick to FMLA certification rules, or lose your rights
- Make 2011 the year of comp & benefits strategy
- Want to offer additional leave for disability? Be sure policy is drafted in your favor
- Remind employees: FMLA doesn't promise reinstatement if leave extends beyond 12 weeks
- What's up, doc? How to collect medical info under new FMLA rules