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Non-FMLA salary Kansas

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  • Non-FMLA salary Kansas

    Settle a disagreement for me.

    I have an employee that had surgery in May and will not be back to work until at least July. He was a supervisor and had only worked for us 8 months when he was hurt (NOT on the job) and therefore does not qualify for FMLA. It was my understanding that we do not have to hold his position and/or salary when he comes back. One of the other managers thinks that we cannot hold his position, but he still keeps his salary.

    What do you say?

  • #2
    Unless the employee has a bona fide contract that specifically says otherwise, you are correct. An employee who does not qualify for FMLA has no legal expectation of any medical leave at all, let alone paid leave; nor does he have any kind of job protection. You don't HAVE to bring him back to work at all; if you choose to do so, you may bring him back to any position you have available at the appropriate salary for the job; he does not have to continue to be paid at the same salary he was in before his injury.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Awesome, thanks!


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