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FMLA Key Employee Notification Letter

Author: Steven J. Luckner, Ogletree Deakins

When to Use

A "key employee" is entitled to take leave under the Family and Medical Leave Act (FMLA), but may be denied reinstatement at the end of leave if reinstatement will cause substantial and grievous economic injury to the employer's operation. An employer must notify an employee at the time leave is requested (or when leave begins, if earlier) that the employee qualifies as a key employee and of the potential consequences with respect to reinstatement and maintenance of health benefits.

Customizable Letter