Mark & Galusha, Employment Law Attorneys - Sparta, Sussex County, New Jersey

The Ninth Circuit Court of Appeals has determined that an employer has the burden of  showing that it had a legitimate reason for denying an employee’s reinstatement after taking family medical leave under the Family and Medical Leave Act (FMLA).  In Sanders v. City of Newport, the employee took an approved medical leave from work after suffering from some health issues related to chemical sensitivity in her work area.  When she sought to return to work, her employer refused to allow her to return because it felt that it could not provide a safe workplace for her due to her chemical sensitivities.  The Court of Appeals determined that the trial court had used the wrong legal standard when it required the employee to carry the burden of proof at trial; the correct legal standard now requires the employer to carry the burden of showing that it had a legitimate reason to deny reinstatement after a lawful medical leave. 

Mark & Galusha, Lawyers handling employment matters in Sparta and Newton, Sussex County, New Jersey.

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