Catching Up on Work Can Be Required after Family and Medical Leave

The Family and Medical Leave Act requires employers with 50 or more employees to give certain unpaid leave and, upon returning to work, restore the employee to equivalent pay, benefits, and working conditions. However, a federal appellate court said an employer could require the employee to catch up on work, as long as it’s not unreasonable. In the case, a financial adviser who took 3 months leave argued that by requiring catchup, it “significantly increased his workload and altered his job duties” such that he did not return to an equivalent position. The court said: “The FMLA provides that an employer must reinstate an employee to an equivalent position after leave, not that their leave has no impact on their work.” #IdeaoftheDay