The Essential Guide to Family & Medical Leave

398 | the essential guide to family and medical leave
P Managers’
Checklist
Reinstating an Employee, continued
o The employee was fired for reasons unrelated to his or her FMLA leave.
o If the employee was fired for attendance problems, I made sure that the
employee’s FMLA leave was not counted against him or her.
o I talked to a lawyer to make sure that we are on legally safe ground in
taking this action.
o The employee’s job or work was temporary and has been completed.
o The employee committed fraud in obtaining FMLA leave.
o If the employee was not reinstated because he or she worked another
job while on FMLA leave, I made sure our company policies prohibit
moonlighting.
o The employee gave unequivocal notice that he or she did not intend to
return from FMLA leave.
o The employee is a key employee, and reinstating him or her would cause
our company substantial and grievous economic injury.
o The employee is among the highest-paid 10% of employees within a
75-mile radius.
o I notified the employee, when he or she requested leave or shortly
thereafter, of this key employee status.
o I notified the employee when the company determined that
reinstatement would cause substantial and grievous economic injury
and gave the employee a reasonable time frame to return to work.
o If the employee requested reinstatement, I reevaluated whether
reinstating him or her would cause substantial and grievous economic
injury and notified the employee of my conclusions.