My Employer Denied My FMLA Request Because It Would Cause an “Undue Hardship.” Can They Do That?

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  • เผยแพร่เมื่อ 22 ธ.ค. 2024

ความคิดเห็น • 3

  • @iKicker
    @iKicker หลายเดือนก่อน +3

    I don't have an opinion on this, but I'd say that's the majority of positions that I have held, ones where the business could not continue to operate if I took a long period of leave. Aside from low level commoditized positions (say, in operations in a service business) where employees are interchangeable, a lot of companies have many positions in headquarters where they would have difficulty operating without someone there. For example, you can't just delay an SEC filing because your director of accounting or a controller took off, or your director of operations, or if you are an acquisition company and your lead mergers and acquisition person took FMLA in the middle of the year while deals were going through. The SEC will severely reprimand you with a fine and potentially there will be lawsuits. That's a lot of the back office, where they would need to hire a replacement immediately and retrain them. That said, the back office is only a small percentage of the company. Now say you have a job at the checkout counter, or in a warehouse, or you a manager of some sort of retail related chain... that's a totally different scenario.

    • @iKicker
      @iKicker หลายเดือนก่อน

      I'll make my point another way. Is your company hiring people who aren't critical? Do most companies hire people who are salaried who are non-critical? For a lot of companies, especially ones that are scaling -- they are trying to avoid hiring non-critical people.

    • @wy100101
      @wy100101 หลายเดือนก่อน

      ​@@iKicker most companies have redundancy and shouldn't completely collapse if they don't have a position filled for 3 months. Heck, most positions at a lot of companies take longer than that to backfill when someone quits.