Limitations on an employee's right to reinstatement
| Currency | Current through May 31, 2023 |
| Citation | 29 C.F.R. §825.216 |
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1 cases
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Bell v. Cactus Wellhead LLC
...responsibility to . . . restore the employee [to their previous position] cease[s] at the time the employee is laid off....” 29 C.F.R. § 825.216. Similarly, “although denying an employee reinstatement to which he is entitled generally violates the FMLA, denying reinstatement to an employee ......
1 firm's commentaries
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DOL Regulations Address Potentially Overlooked Employee Protections Against Discrimination and Retaliation Contained in the EPSLA and the EFMLEA
...that would have affected the employee regardless of whether the leave was taken. This tracks the existing provision under the FMLA in 29 CFR 825.216. The employer has the same burden of proof to show that an employee would not otherwise have been employed at the time reinstatement is reques......
2 books & journal articles
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VOLUME I Chapter 11 Family and Medical Leave Act
...Id.[180] 29 U.S.C. § 2614 (2015).[181] 29 C.F.R. § 825.215(a) (2015).[182] Id.[183] 29 C.F.R. § 825.215(e) (2015).[184] Id.[185] 29 C.F.R. § 825.216(c) (2015); see also Reynolds v. Phillips & Temro Indus. Inc., 195 F.3d 411 (8th Cir. 1999) (holding that employee who was terminated following......
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Section 23 Generally
...or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period.” 29 C.F.R. § 825.216(a). ...
