FMLA Depart – Is It An FMLA Violation If Employer Decides Not To Restore A Employee On FMLA Depart?

The 2nd The U.S. appeals court ruled that a financial services company did not violate the FMLA by not restoring an employee who was on leave on FMLA vacation to a previous position that ceased to exist during their absence.

In this instance, the worker was on FMLA leave on medical grounds, and during his absence the employer underwent a downsizing that focused on the top 10 percent of his 3,000 highest-paid workers. This also included the employee who was on leave at the time.

After the doctor was fired, the company did not restore the employee to his previous position, and the employee filed a civil lawsuit for violating the Family and Medical Leave Act and the Americans with Disabilities Act.

However, the district court ruled in favor of the employer that the majority of the evidence had shown that the employee would have been terminated regardless of the use of the FMLA leave. The employee appealed against this decision; however, the appeals court ruled to uphold the district court’s decision.