FMLA Rights During A Work Force Reduction

Law360, New York (February 19, 2009, 12:00 AM EST) -- The Family and Medical Leave Act (“FMLA”) provides that at the end of an employee's approved FMLA leave, the employee has the right to be restored to the same position he held when he began the leave or to an equivalent position with equivalent employment benefits, pay and other terms and conditions of employment.[1]

But what happens when, during an employee’s approved FMLA leave his employer needs to institute a reduction in force (“RIF”)? What action, if any, may the employer take with regard to an...
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