Family Medical

On return from FMLA, what time frame can an employer lay-off an employee? Does FMLA protect the employee from lay-off upon return from leave, and if so for how long after date of reinstatement to the employee original postition?

2 answers  |  asked Jul 21, 2001 06:45 AM [EST]  |  applies to California

Answers (2)

Richard J. Vaznaugh

I agree with Janet, please call my office or send me an email if you want a free initial consultation regarding whether you have a claim. RV, 415-487-0426

posted by Richard J. Vaznaugh  |  Jul 22, 2001 3:01 PM [EST]
Janet M. Koehn
no greater rights

you have no different or greater rights on return from fmla leave than any other employee. if you are to be laid off pursuant to a seniority- or other objective-based system, you're out of luck. however, if you're targeted for layoff, e.g., if you're the only one or one of few who are laid off, you may have a claim of retaliation for claiming fmla layoff, or perhaps a discrimination claim if the underlying reason for your leave is some protected status. you should see an attorney experienced in employment law.
janet koehn

posted by Janet M. Koehn  |  Jul 21, 2001 08:49 AM [EST]

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