Orange County Employee Reinstatement Rights Part 1
After enduring a long convalescence, that humdrum job never looked so good!
An employee may have a right to be reinstated to a former job upon returning from medical leave (employee reinstatement rights).
The Family and Medical Leave Act generally applies to an employee who has worked for an employer with over 50 employees for at least 12 months.
The law regarding employee reinstatement rights provides for an unpaid leave up to 12 weeks in a 12‑month period for an employee’s serious health condition or that of certain family members.
An employer must usually make the same or comparable job available, with equivalent benefits, pay, and other terms and conditions of employment, unless the employee fails to return following the leave – then there’s no job security.
The 12‑week period may even extend indefinitely if the employer failed to notify the employee of the commencement of the leave period.
Losing a job does not need to be the penalty for being sick . . . if you know your employee reinstatement rights.
(Check out Orange County Employee Reinstatement Rights Part 2!)
Don D. Sessions, an Orange County employee rights attorney, author and law school professor, helps employees enforce their rights. For questions, call (949) 380-0900. © Don D. Sessions
Employee Reinstatement Rights News
Section 7 of the National Labor Relations Act (NLRA) protects the right of employees to engage in “concerted activities” with each other f. … An employer’s discipline or termination of an employee, if found to violate the NLRA, can lead to legal liability that may result in financial damages and reinstatement of the employee. That fact has created interest, consternation, and varying levels of panic among employers who are trying to balance the rights of employees to …
Reinstatement rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) are more favorable than reinstatement rights under the FMLA. Under the USERRA, an employee returning from …
I thought the article does fine explaining family and medical leave, but given Colbert’s importance to The Colbert Report, it is also a good reminder about a narrow exemption to an employee’s reinstatement rights if they are a …