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Denial of Reinstatement to a Key Employee After FMLA Leave Letter

Author: Steven J. Luckner, Ogletree Deakins

When to Use

An employee who has been advised that they are a key employee may choose to continue on Family and Medical Leave Act (FMLA) leave despite being notified that their reinstatement may cause the employer substantial and grievous economic injury. At the conclusion of FMLA leave, the employee may seek reinstatement regardless of that prior notice. At that point, the employer is required to reevaluate its circumstances to determine if reinstatement would still result in substantial and grievous injury to its operations. If the employer believes that such injury would result, it may use this letter to inform the employee that their reinstatement request is therefore denied.

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