The United States
Court of Appeals for the Sixth Circuit decides the federal law that applies
in Ohio, Michigan, Kentucky, and Tennessee. On September 16, 2004, the Court
issued a
decision interpreting the
Family Medical Leave Act. The most newsworthy part of the decision was the
Court's holding that when an employee returns from medical leave, the employee
is entiteld to be re-employed immediately in the same or similar position that
the employee held when beginning the medical leave.
Honda of America Manufacturing, Inc. was Lori Hoge's employer. She took a
medical leave approved by Honda. During her leave, however, Honda had been
undergoing changes in its assembly department where Hoge worked. So when Hoge
returned, Honda had no job ready for her. Aproximately one month passed before
Honda informed Hoge that a job was available.
When an employee takes leave under the
Family Medical Leave Act, the employer must permit the employee to return
either to the same position the employee had before taking the leave or an
equivalent position with equivalent employment benefits, pay, and other terms
and conditions of employment. Although some exceptions and limitations to this
general rule exist, none of them were at issue in the dispute between Hoge and
Honda. The part of the law that became an issue was that the statute requires
that the employer restore the employee to the position "on return from such
leave."
The question was whether the statute required Hoge to be returned immediately
to her job when she was ready to return from her medical leave; or whether the
statute permitted Honda to delay her return for a period Honda claimed was
reasonable under the circumstances. Hoge argued that Honda's refusal to permit
her to immediately return to work interefered with her right to take medical
leave. Honda denied the allegation and argued that the delay in finding an
equivalent position was reasonable because the delay was caused by several
factors including Hoge’s unexpected return and the time required to locate an
equivalent position to accommodate Hoge’s physical restrictions in light of the
substantial changes made to its production processes.
The Court agreed with Hoge. In the Court's words: "The plain meaning of 'on
return from such leave' is not ambiguous and, contrary to Honda’s argument, will
not be construed to mean 'within a reasonable time after the employee is able to
return from such leave.' If an employee returning from FMLA leave can perform
the essential functions of his previous or an equivalent position, the right to
restoration is triggered on the employee’s timely return from leave."
The Court added that under
regulations issued by the
United States Department of Labor for the purpose of assisting with the
interpretation of the statute, employers are entitled to reasonable notice of
the date on which an employee anticiaptes returning from work. The Court noted
that the regulations specify that two business days is considered reasonable.
Thus an employer may take up to two days after being given reasonable notice of
a return date to find prepare a return position for the employee.
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Commentary by EEOATTORNEY.COM
This decision highlights how treacherous the Family Medical Leave Act can be
for employers who do not keep apprised of the developments regarding the
statute's applications. The decision also signals to employees how important it
is to take the time and effort to become educated about their rights. The best
way for both employers and employees to keep abreast of such developments is to
contact legal counsel whenever a concern arises.
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