Legal Question in Medical Leave in Texas
Return From FMLA Leave
If a decision is made to eliminate the position of a person returned from FMLA leave, how long do the reinstatement provisions of FMLA require the returnee must be retained before he/she can be declared redundant?
1 Answer from Attorneys
RIF after FMLA leave Believe it or Not
If you are the only employee redundant, your employer may be retaliating against you in violation of the FMLA. There is no requirement that they keep you under the FMLA, if the RIF is legitimate. I am not licensed in your state yet. So, I can't advise you on any state claims you may have. Contact a lawyer immediately. If you have trouble finding one, just yell. Of course, in order to receive legal advice you can use, you should have a personal interview with a lawyer. The comments I have made are general and may or may not apply to your situation.
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