The Ninth Circuit rules that an employer has the burden of proving it had a legitimate reason for not reinstating an employee to her former position after taking a leave pursuant to the federal Family and Medical Leave Act (“FMLA”). The Court also found that the employee need not demonstrate her employer lacked a reasonable basis for its refusal.  Sanders v. City of Newport, No. 08-35996 (9th Cir. Mar. 17, 2011).
 
While an employee normally should be reinstated “to her original (or an equivalent) position” within the 12 week leave period under FMLA, the right of reinstatement is not absolute.  The U.S. Department of Labor (“DOL”) regulations provide that     “[i]f the employee is unable to perform an essential function of the position because of a physical or mental condition . . . the employee has no right to restoration to another position under the FMLA.”  29 C.F.R. § 825.214(b). The regulations do not specify which party bears the burden of proof, and the Court had not previously addressed this issue.  In the case, the Ninth Circuit found the burden of proof is on the employer to show it had a legitimate reason to deny reinstatement. 

The Sanders decision illustrates that, while the right to reinstatement from FMLA leave is not absolute, an employer who denies reinstatement to an employee must be prepared to prove the employee had no such right. For more information, please see Employers Must Prove Reasons for Denying Reinstatement after FMLA Leave, Ninth Circuit Rules 

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Photo of Jonathan A. Siegel Jonathan A. Siegel

Jonathan A. Siegel is one of the founding Principals of the Orange County, California, office of Jackson Lewis P.C. He practices before the Equal Employment Opportunity Commission, National Labor Relations Board, state and federal agencies and courts.

Mr. Siegel also provides advice and…

Jonathan A. Siegel is one of the founding Principals of the Orange County, California, office of Jackson Lewis P.C. He practices before the Equal Employment Opportunity Commission, National Labor Relations Board, state and federal agencies and courts.

Mr. Siegel also provides advice and counsel regarding labor and employment law with respect to various issues ranging from wage and hour law, reduction in force, WARN Act, discipline, leave management and harassment and discrimination issues. Mr. Siegel defends employers regarding different varieties of wrongful termination and discrimination claims.

Mr. Siegel has represented management in union organizing drives and regularly defends employers in unfair labor practice proceedings as well as in collective bargaining and arbitrations. He also has extensive experience conducting wage and hour preventive audits. He conducts single location and multi-location audits for employers. The scope of such audits can range from examining specific issues, i.e., exempt status under federal law and California, to comprehensive FLSA and California Labor Code audits. Mr. Siegel has conducted audits for a wide range of industries including, but not limited to manufacturing, retail, transportation, various service industries, defense contractors and healthcare.

Mr. Siegel regularly speaks on a variety of topics including wage and hour, harassment/discrimination, national and California employment trends, Workers’ Compensation, EEO, managing leaves of absence under FMLA and state leave laws and union avoidance. He has moderated numerous programs and is featured as a keynote speaker for several different organizations.