FMLA can someone filling in for an employee under FMLA loose their job upon their return?

If I am understanding correctly, someone with less seniority than you is going on FMLA leave and you want to know if you can lose THEIR job when they return ... if that it your question, yes. FMLA is there to keep open the job someone can't attend due to family medical issues (the birth of a child, adoption of a child, care for a child who is sick or disabled). The expectation of FMLA is that the person going on leave will return to their actual position or a similar one. Are you anticipating being fired from the company upon that person's return? If so that is a different question that would need more information than you included.

Stephanie White
THE LAW OFFICE OF STEPHANIE WHITE
Simi Valley, CA
www.805Lawyer.com

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in CA, employment is presumed to be at will, which means that you or your employer may terminate the relationship at any time, with or without cause. The employee taking FMLA designated leave is entitled to be reinstated to the same or comparable job if he/she returns to work within 12 weeks after going out on leave. Unfortunately, the employee covering the job of a co-worker who is out on FMLA designated leave does not enjoy the same protections and may be terminated once the co-worker returns.