Can My Employer Deny FMLA Leave Because I Am a Key Employee?

As an employee with significant responsibilities, taking medical leave can feel daunting. Your role may be integral to your workplace operations, and navigating the rules of the Family and Medical Leave Act (FMLA) can seem complicated. However, even as a key employee, you have rights. Understanding those rights and how FMLA applies to your situation is essential. If you face potential roadblocks or need guidance, an experienced attorney at Marshall Forman & Schlein LLC can help protect your interests.

Who Is Considered a Key Employee Under FMLA?

FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period for specified family and medical reasons. Most employees are entitled to their full benefits and job reinstatement upon returning. However, for employees classified as “key employees,” there are particular considerations.

Under FMLA, “key employees” are salaried workers who are among the highest-paid 10% of all employees within 75 miles of their workplace. This designation recognizes the significant role these individuals play in their organization’s operations, potentially affecting how their leave is handled.

What Are a Key Employee’s Rights When Requesting Leave?

Key employees still qualify for FMLA protections. If you meet the general eligibility requirements, like working for a covered employer, having at least 12 months of service and clocking at least 1,250 hours in the past year, you can request up to 12 weeks of FMLA leave for covered reasons such as:

• Serious health conditions (yours or a family member’s)
• Childbirth, adoption or foster care placement
• Qualifying emergencies related to a family member’s military service

While your employer can’t deny the leave outright, there are unique processes and situations specific to key employees.

Challenges Key Employees Could Face When Requesting FMLA Leave

Although FMLA entitles key employees to leave, employers may attempt to deny job reinstatement at the end of the leave period under strict circumstances. For this to occur, your employer must follow specific protocols, including:

• Substantial and Grievous Economic Injury. Employers are only allowed to deny reinstatement if they determine that your return would cause “substantial and grievous economic injury” to the organization. This standard is stringent and extends beyond minor inconveniences or operational disruptions.
• Advance Written Notice. Before denying reinstatement, your employer must give you written notice at the time you request leave or as soon as it determines you qualify as a key employee. This notice must explain the possible consequences of your leave and the economic injury your reinstatement could cause.
• Final Determination. Even with advance notice, your employer must reassess their determination before officially denying your return to work. They must provide another written notice, stating clearly why reinstatement would result in significant harm.

Navigating FMLA as a Key Employee

While your employer may claim their operations would suffer without your presence, they carry the burden of proving this claim under strict FMLA guidelines. Employers must tread carefully and adhere to all legal requirements; failure to do so may result in violations of your rights.

If you face challenges with your FMLA leave as a key employee, document every interaction and communication with your employer. Detailed records can serve as crucial evidence if you need to defend your rights.

Protect Your Rights with Trusted Legal Support

Being a key employee doesn’t negate your need for crucial family or medical leave. While the FMLA does introduce additional considerations for individuals in high-responsibility roles, you are still entitled to its protections, with limitations only under specific conditions. Marshall Forman & Schlein LLC advocates for employees navigating complex situations like these. If your FMLA rights are being challenged, contact us for a consultation.