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Key Employees and Their Rights. Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.

Whether an employee is on continuous or intermittent leave, the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) restrict sharing information about the employee in virtually the same way and emphasize keeping medical information confidential.

The FMLA allows unpaid leave to an employee who has a serious health condition or to care for a family member. Employees are entitled to continue their health insurance while on leave at the same cost they paid while working. An employer may require an employee to use their accrued paid leave during FMLA leave.

What is a key employee? Under FMLA statutes, a key employee is defined as a salaried employee who is among the highest-paid 10 percent of all workers employed by the employer within 75 miles of the employee's worksite.

FMLASource is a ComPsych Corporation company that specializes in reviewing, approving, processing and tracking FMLA leave requests with the oversight of expert legal staff.

Employees are eligible if they have worked for their employer for 1,250 hours in the previous 12-month period. CFRA has unique allowances regarding time and manner in which leave is taken involving birth, adoption or placement in foster care.

May an Employer Deny FMLA Leave to a Key Employee? No. An employer may not deny FMLA leave to a key employee. An employer may, however, deny a key employee reinstatement to their job once FMLA leave concludes.