Legal Question in Medical Leave in Virginia
Unable to perform some functions of a Supervisor while on intermitant FMLA
The last 6 months I have been taking FMLA (full time and intermitant)due to pain assoc. with thoracic disc extrusions compressing the spinal cord. HR says if unable to perform to be at work to perform supervisory fuctions, they will look at options such as longterm disability (LTD). I have volunteered to step down and take a position that will suit both myself and the company but was told I can't do this within the guidelines of FMLA. Can HR force me out of a job? I don't want disability nor will I qualify for SS disability since I am still capable of working? The company's LTD, if meet qualifications, is only good for six months unless I qualify for SS disabilty. This means that I could be out of both a job and income after 6 months to 1 year. What are my legal options?
1 Answer from Attorneys
Re: Unable to perform some functions of a Supervisor while on intermitant FMLA
If you are classified as a so-called "key" employee as defined under the FMLA(i.e salaried employee who is among the highest paid ten per cent of employees with 75 miles of the work site),
your employer may refuse to reinstate you if he can demonstrate such reinstatement would cause grievous economic injury to his business operations.
However, before you can be classified as such a "key" employee, the employer must notify you
of your "key" status at the time you request the FMLA leave and comply with other requirements as well which are mandated under the act and which are related to this special status.
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