Tag: layoff

Question: We have an employee who is no longer disabled under workers’ compensation and is able to return to work. Due to business conditions during his leave, we laid off several employees and his position has been eliminated. Are we required to return him to work? Answer: If the employer would have released the employee in…

Question: Our employee recently returned from maternity leave having used up all her CFRA, PFL, and FMLA. She worked for three days and is out on disability again due to post-partum depression. When she comes back to work is she now eligible for leave again? Are we required to hold her job for her? What…

Question: If a company is undergoing a restructuring, can the company terminate an employee while on FMLA/CFRA leave if the restructuring results in position elimination? Answer: Absent any other legal or contractual obligations such as a collective-bargaining agreement, an employer may refuse to return an employee on federal Family and Medical Leave (FMLA) and California…

Question: What is the best way to handle a position elimination if the incumbent in the position is on FMLA leave? Answer: As a general rule, with some exceptions, the law requires that employers provide each returning employee with the same position or an equivalent position. However, there are limited exceptions. The one most applicable…