Legal Question in Medical Leave in Washington

Re: key employee fired while on maternity leave

can you be fired while on maternity leave if you are a key employee. the employer stated in a letter that if you are a key employee and it's a financial hardship for the company they do not have to bring you back.There is no financial harship as they have hired two other nurses.Am I protected under the FMLA ? Do I have a good legal case against the employer?

The employer has notified you that your position will not be available upon your return from maternity leave because it has classified you as a "key employee." Under FMLA, a bona fide "key employee" can be deprived of job reinstatement rights, if the employer determines that such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer.

To be a "key employee," the employee must be a salaried employee who is among the highest paid 10% of the employees employed by the employer within 75 miles of the facility at which the employee is employed. Factors to be considered in evaluating whether an employee is a "key employee" include the importance of the employee's duties, the need to have a replacement immediately, and the difficulty of finding a replacement on a temporary basis.

Evaluation of all the circumstances is necessary to properly determine the key employee status and the legality of the employer's designation. You should consult an attorney knowledgeable and experienced in employment law and medical leave to determine your rights.

Please be aware that the foregoing does not constitute legal advice, but rather is a comment on general issues given as a service to the public. Be aware also that the time to commence an action to protect your rights is limited, and the advice of a lawyer should be sought without delay.