Drdcm
Well-Known Member
FMLA really isn’t as helpful as people think. It protects you from being fired for needed medical leave, but also requires you to be able to maintain the functions of your job. If recommended restrictions aren’t “reasonable”, then it isn’t protected and they can let you go. You can still be laid off on FMLA. I run into this all the time when patients ask me to fill out FMLA paperwork and then are surprised that the employer doesn’t accommodate my recommendations.Not everyone is entitled to FMLA in the U.S. There's certain eligibility requirements. There's also provisions to exclude "key employees" such as McCarthy from job restoration following leave.
Most people have to be in their job for a year before they are eligible for FMLA.
Whether or not she’s in FMLA, I have no idea. I’m not really questioning the motives here. As. “Key employee” it’s a tough ask to be able to take FMLA and actually keep the position.