All too often, employers are criticized for blunders they could have avoided when taking disciplinary action against an employee with a medical condition. However, a recent federal appellate court decision provides a glowing example of how an employer got it right when it disciplined an employee upon her return from leave under the Family and
Reinstatement
Employer May Raise Defense that an Employee is Ineligible for FMLA Leave Even After Leave is Given
By Jeff Nowak on
Does an employee have the right to take FMLA leave and be restored to the same or equivalent position even though the employer does not employ 50 employees and is not covered by the FMLA? The answer may depend on the particular court hearing the case, as evidenced by a recent federal appellate court decision. …