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I took 4 days of PTO. Dr's note requested I not return to work for another week.Is it premature for employer to push FMLA on me?

Tustin, CA |

I had never heard under "reinstatement": However, an employee has no greater right to reinstatement than if he or she had been continuously employed rather than on leave. For example, if an employee on family/medical would have been laid off had he or she not gone on leave, or if the employee's job is eliminated during the leave and no equivalent or comparabel job is available, then the employee would not be entitled to reinstatement. It may be denied to certain salaried "key" employees under the following conditions: highest 10% paid salaried employee, because reinstatement would cause substantial and grievious economic injury to the Company's operation, employee is notified of Co's intent to refuse reinst. at time necessary,...is this new to the FMLA? since when?

Attorney Answers 2


  1. Best answer

    If the reason you're out for an extended period of time is related to a chronic illness, you should make written requests for reasonable accommodations to the employer and keep a log of their responses.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.


  2. No, it's not new. These provisions have always been included in the FMLA and its California equivalent, the CFRA since its inception.

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