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Guidance & Solutions for Employers

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FMLA FAQ: Can an Employer Persuade an Employee to Work Instead of Taking FMLA Leave Because Her Job is Really Important?

By Jeff Nowak on August 28, 2014
Posted in Interference, Reinstatement

Maggie (8-27-14)Sorry I have been away for a bit. Of all things, I’ve been taking some FMLA bonding leave to care for this beauty to the right! I am excited to report that our daughter, Maggie, joined our family just a few weeks back. And I’ve been smitten ever since.

There are a few things that…

When an Employee Returns from FMLA Leave, What Does Same or Equivalent Position Actually Mean?

By Jeff Nowak on August 29, 2013
Posted in Interference, Reinstatement, Retaliation
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Do you know what’s particularly oppressive about the FMLA? [You: Jeff, everything about the FMLA is oppressive!]

The requirement that an employer return an employee to the same or equivalent position at the end of FMLA leave.

Returning an employee to the same position is easy enough to grasp.  The same is the…

Employer Burned for Failing to Return Employee to Equivalent Position After FMLA Ended

By Jeff Nowak on October 3, 2012
Posted in Reinstatement
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The Family and Medical Leave Act and its regulations tell us that an employer must return an employee to the same or an equivalent position upon return from FMLA leave.  Not surprisingly, I often am asked by clients, “What is an ‘equivalent’ position?”

On their face, the FMLA regulations seem to be a bit unforgiving…

About Jeff

Jeff Nowak is a shareholder at Littler Mendelson P.C., the world’s largest employment and labor law practice representing employers. Jeff has two decades of experience advising and litigating on behalf of employers on a wide range of complex employment law matters and is a recognized leader on FMLA and ADA issues, helping employers develop comprehensive strategies to achieve compliance with employee leave and accommodation issues.

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Recent Upates

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Links

  • ABA – Labor & Employment Section
  • ACC
Jeff Nowak
Littler Mendelson P.C. | 321 N Clark Suite 1000 | Chicago, IL 60654
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