Third Circuit: Employers Can Require Employees on FMLA Leave to "Catch Up" on Assigned Work

The Third Circuit recently ruled in favor of an employer who required an employee who had taken FMLA leave to catch up on work upon return. In Drizos v. PNC Investments LLC, the employee took a three-month FMLA leave. Colleagues managed his accounts while he was on leave. Upon return, the employer asked him to catch up on those accounts that had become delinquent. The employer provided extensions to allow him to catch up. He was later terminated for violating the employer's policy on call-ins, and sued for violations of the FMLA. He claimed that because he was required to catch up on work that had accumulated on his leave, his workload was increased so that he did not return to an equivalent position as required under the FMLA. The court found that the employer was not required to ensure that the leave had no impact on their work, only that they were reinstated to an equivalent position. Since the employee returned to the same position for the same pay, and was given extensions to complete the work, the employee did not violate FMLA rules. For more information on the rules governing FMLA leave, visit Tax Facts Online. : Q 3511.