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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Default FMLA Rights to Rehire

    My question involves labor and employment law for the state of: Idaho

    In 2010 I was legally terminated while on FMLA. They listed it as a medical discharge and I received unemployment benefits. I recently returned to work after 2 years seperation from the company. I was rehired as a "new" employee and at a significant amount less than i was previously receiving. Are there any rights to the rehire status of someone terminated through FMLA expiration? Do I get any seniority back, wages reinistated, or any other guarantees?

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: FMLA Rights to Rehire

    If you were legally let go, there was no obligation to rehire you again, or treat you as anything other than a new employee (not sure what you mean by "any other guarantees").

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA Rights to Rehire

    No, nothing in the law requires that they reinstate previous wages or seniority. Your previous time may count towards any retirement plans, depending on how the plan document is written. That's about all you can hope for, unless a legally binding and enforceable contract expressly says otherwise.

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