Family Medical
On return from FMLA, what time frame can an employer lay-off an employee? Does FMLA protect the employee from lay-off upon return from leave, and if so for how long after date of reinstatement to the employee original postition?
2 answers | asked Jul 21, 2001 06:45 AM [EST] | applies to California
Answers (2)
Ditto
I agree with Janet, please call my office or send me an email if you want a free initial consultation regarding whether you have a claim. RV, 415-487-0426
posted by Richard J. Vaznaugh | Jul 22, 2001 3:01 PM [EST]
I agree with Janet, please call my office or send me an email if you want a free initial consultation regarding whether you have a claim. RV, 415-487-0426
posted by Richard J. Vaznaugh | Jul 22, 2001 3:01 PM [EST]
no greater rights
you have no different or greater rights on return from fmla leave than any other employee. if you are to be laid off pursuant to a seniority- or other objective-based system, you're out of luck. however, if you're targeted for layoff, e.g., if you're the only one or one of few who are laid off, you may have a claim of retaliation for claiming fmla layoff, or perhaps a discrimination claim if the underlying reason for your leave is some protected status. you should see an attorney experienced in employment law.
janet koehn
805-658-0655
posted by Janet M. Koehn | Jul 21, 2001 08:49 AM [EST]
you have no different or greater rights on return from fmla leave than any other employee. if you are to be laid off pursuant to a seniority- or other objective-based system, you're out of luck. however, if you're targeted for layoff, e.g., if you're the only one or one of few who are laid off, you may have a claim of retaliation for claiming fmla layoff, or perhaps a discrimination claim if the underlying reason for your leave is some protected status. you should see an attorney experienced in employment law.
janet koehn
805-658-0655
posted by Janet M. Koehn | Jul 21, 2001 08:49 AM [EST]
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