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'Open' Might Not Mean Open: How FMLA May Affect a Position's Availability
Bradley 
Oct. 18, 2019 "An employer may run afoul of the FMLA by preemptively terminating an employee on FMLA leave even though it has a reasonable belief the employee will not return from leave. Circumstances could change during the protected FMLA period, and an employee could unexpectedly return to work. Filling that job as another employee’s ADA accommodation could cause trouble. The employer must know the employee is not returning or face potential liability." [Maxwell v. Washington County, No. 18-154 (N.D. Miss. Oct. 1, 1029)] MORE >> |
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