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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…

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

  • Join Me for A Free Webinar! Pregnancy Accommodations: Navigating Difficult, Yet Common Scenarios to Keep Employers Compliant
  • In a World Where You Can Be Anything, Be Kind
  • When an Employee Fails to Return FMLA Medical Certification, Can an Employer Lawfully Terminate the Employee?
  • When You Send Your Employees To Work Abroad, Do They Lose the Right to Take FMLA Leave?
  • The Pregnant Workers Fairness Act Takes Effect Today; Join Me for a Webinar to Understand your Obligations

Links

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