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Reinstatements Can Be Denied Following Family and Medical Leave Act, Oklahoma City Law Expert Says

Oklahoman (04/06/12)

Under the Family and Medical Leave Act, most employees who qualify for leave are entitled to return to their jobs once their doctor gives his or her approval. However, there are some instances when a company doesn’t have to reinstate an employee. For example, a company doesn’t have to reinstate an employee if the person gave unequivocal notice of their intention not to return to work while they were on leave. Neither is a company obligated to reinstate an employee if the employee is incapable of performing the essential functions of their old job.