Under what condition might an employee not lose their job after failing to return from FMLA leave?

The Family and Medical Leave Act (FMLA) protects eligible employees who need to take leave for specified family and medical reasons. If an employee fails to return from FMLA leave, they generally can be terminated unless certain conditions apply that might justify their continued employment.

Extenuating circumstances refer to unexpected and compelling situations that could legitimately prevent an employee from returning to work at the end of their FMLA leave. For instance, if an employee faces severe complications related to their medical condition or family issue that they were addressing during their leave, this may provide valid grounds for extending their leave beyond the standard period without suffering employment consequences. If such circumstances are adequately communicated to the employer and deemed appropriate, the employee may maintain job protection even after failing to return on time.

While notifying HR, having a good performance record, or requesting job reassignment might have implications in an employment context, they do not directly address the legal requirements set by the FMLA regarding job protection upon failure to return from leave. Only under specific extenuating circumstances can an employee retain job security despite not returning from leave within the designated timeframe.