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Wyoming Job Security under FMLA


Posted by Tamara

Questions about the guidelines imposed by the federal Family and Medical Leave Act have presented some difficulties for employees in Wyoming. Specifically, exactly what protections does FMLA provide for employees? There are some who have argued that FMLA promises employees that they will be returned to their previous jobs upon their return from FMLA leave. Others contend that this is not the case.

Employees can take leave under FMLA when they have a child, or after the adoption of a child. FMLA leave may also be taken after the placement of a foster child.

FMLA does not make any requirement of employers to keep jobs open during the extended absence of any employee. What FMLA does do is offer workers job-protected leave. To explain further, when a worker comes back to work after being out on extended FMLA leave, he or she is entitled to either the same job that they originally had, or a job that is similar in every way.

This particular federal law does not make any requirements of employers in regards to what they do with their businesses when workers are out on leave. The federal government has not established any type of ruling that tells employers how to run their daily operations.

It is usually more difficult to temporarily fill positions that are higher-ranking and involve more responsibility and/or decision-making. Sometimes the best way to fulfill this need is to simply promote a current employee on a temporary basis. That individual might temporarily be promoted to “Assistant Manager” or “Credit Supervisor”, with the knowledge up front that the job will not be permanent. This is a win-win situation for both the employer and the employee, as both would benefit greatly from this arrangement.

For other jobs that are not quite so complex, it might be easier for the employer to simply hire a temporary worker to fill in for a few weeks. This is generally the way to go for jobs that are not difficult to learn, and require very little training to get someone up and running on the day-to-day activities.

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