FMLA Key employee definition

sonny

Having been looking for 1/2 hour and thought this would be quicker. I know certain highly paid salaried employees can be denied reinstatement to work, but not use of leave. (which doesn't make a lot of sense to me) and also think I recall that key employees were the top 10% of highest paid employees? Is this all there is or can someone point me to a clear definition. As always, thanks in advance.

TN HR

Salaried and within the top 10% of the highest compensated individuals, both salaried and non-salaried. That's all that I have known and used.

Gene

pork1

SONNY: Intriguing post, I have searched through my FMLA manual and do not find a specific defination. From what I have read, it appears these provisions are in the reg so that a "senior leadership critical team member TOP 10%" would not be protected for rehire guarntees, BUT COULD APPLY FOR AND BE GRANTED AN FMLA CONDITIONAL SITUATION. The company that finds one of its critical leaders in a coma may not want to hold off getting a replacement, nor once on board would not want to remove the newest member of the leardership group.

What is the nature of why you are seeking our help?

PORK

sonny

Thank you both. I was surprised there wasn't a clearer definition, given that there are definitions of so much of the rest.

It was really just something we were throwing around. My supervisor just went out on unexpected quadruple (sp) by pass. He is a upper level manager, but not director. Just for the sake of discussion someone threw out he could be considered key ee. I think not. They told me to find out as they were curious.

Thanks again.

marc

I agree with the top 10% pay of all employees, but add that it is within a 75 mile radius of the EEs workplace.

One of my training books also adds that due to stingent requirements, in the vast majority of cases, Key EEs will be treated just like regular EEs.

When the FML request is made, the ER must inform the EE, in writing, if the EE is a Key EE. This notice should be made as soon as possible after the leave is requested. This notice must also tell the EE what it means - that reinstatement may be denied, but benefits won't be affected.

If the EE is not given written notice of Key EE status within a reasonable time after the leave is requested, the EE retains full job reinstatement protection, just as if the EE was not Key.

The Key EE may be denied reinstatement if - and only if - returning that EE to his or her job would cause substantial and grievous economic injury to the ERs business operations. This legal threshhold is quite high so denial of reinstatement is not common.

As soon as the ER decides that reinstatement will cause this economic injury, the ER is expected to inform the EE in writing that reinstatement will be denied at the end of the leave. This notice must include an explanation of why reinstatement would cause the economic injury and be delivered in person or via certified mail.

Once the EE has received this notice, he/she has a couple of choices.

1. If the leave has not begun, the EE may simply cancel it - the ER cannot force the EE to go on leave if he/she changes his/her mind when faced with the facts of non-reinstatement.

2. If the leave has already begun and notice is received by the EE about the lack of reinstatement, the ER must give the EE a reasonable amount of time to return to work. If the EE is able to return within that time allotment, the EE must be reinstated to the former position or it's equivalent.

The EE may continue with the full leave even if denied reinstatement and continue to receive the full benefits for the entire leave. At the end of this time, the EE may still request reinstatement. In this case, the ER must respond to the reinstatement request by re-examining the circumstances and re-determining if, given the facts at the time of the reinstatement request, the economic injury would still happen. If the company reaffirms, then it must again be in writing.

As you can see, lots of hoops to jump through to carry off the Key Employee reinstatement denial. Hope all this helps.

sonny

Thanks you all. Very helpful.

Ruskanen

[font size="1" color="#FF0000"]LAST EDITED ON 03-31-05 AT 12:22PM (CST)[/font][br][br]I know this is an old post, but I just had this issue come up today. If you look on [url]www.dol.gov[/url] under FMLA, it gives a lot of informtion. Specifically, under 29 CFR 825.217 a key employee is defined as a SALARIED employee paid on a salary basis in the top 10% of all employees. I don't know if the person you were looking at was hourly or salary.