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Employee loses FMLA claim when restructured out of a job

Employee loses FMLA claim when restructured out of a job

Employee loses FMLA claim when restructured out of a job

A magistrate judge in South Carolina has recommended dismissal of a Family Medical Leave Act claim brought by an admissions coordinator of a nonprofit home for at-risk children who lost her job when the home eliminated the position during her absence on FMLA leave. The FMLA generally requires an employer to restore the employee to the same or equivalent position upon completion of approved leave, the Magistrate said. But the right to reinstatement is not absolute. “If an employee would have been discharged even if she had not taken leave,” the Magistrate wrote, “the FMLA does not require that she be restored to her prior job. Thus, where the reason for an employee’s termination is unrelated...

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