Legal Question in Medical Leave in Massachusetts
Sales-FMLA question
If someone went on leave for 2 months then came back 7 months later went on leave again which was still covered under the FMLA. During the time of leave the company was sold. What rights does the employee have? Can the new owners refuse to hire the employee back? It's a sales position so when the person comes back to work how long are they protected after they start working. For instance, the employee needs reasonable time to ramp up new sales. Can they fire the employee for lack of production immediatly? This might be ADA eligible as well.
1 Answer from Attorneys
Re: Sales-FMLA question
I am assuming that the new company is simply a continuation of the business of the old company. In that case, I would expect that your rights under the FMLA would continue. If your employer gives you problems with your return to work, you will probably want to consult with an attorney who routinely handles employment law matters. A resource for finding such an attorney is www.nela.org.
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