The Court’s Decision.


The Maryland federal court held that the right to restoration is not absolute – that, under the FMLA regulations, the employee “has no greater right to reinstatement … than if the employee had been continuously employed during the FMLA leave period.” In this case, the decision about the change to the schedule had been made prior to the employee’s leave, and was made for legitimate business reasons unrelated to her leave. Thus, there was no violation of her FMLA rights.