Letter to Key Employee Seeking Reinstatement After FMLA Leave
Author: Steven J. Luckner, Ogletree Deakins
When to Use This Letter
An employee who has been advised that he or she is a key employee may still choose to continue their FMLA leave even if they are advised that their reinstatement may cause the employer substantial and grievous economic injury. At the conclusion of FMLA leave that employee may seek reinstatement regardless of the prior notices or designations from the employer. At that point the employer is required to reevaluate its circumstances to determine if reinstatement would still cause the employer substantial and grievous injury.