Key employee
Definition
A "salaried . . . employee who is among the highest paid 10 percent of all the employees employed by [an] employer within 75 miles of the employee's worksite." 29 C.F.R. § 825.217. Under regulations promulgated pursuant to the Family and Medical Leave Act, an employer may deny job restoration to a key employee if restoration would result in "substantial and grievous economic injury to the operations of the employer." 29 C.F.R. § 825.216(b).
Illustrative caselaw
See, e.g. Kephart v. Cherokee County, 229 F.3d 1142 (4th Cir. 2000).
See also
Definition from Nolo’s Plain-English Law Dictionary
For purposes of the Family and Medical Leave Act (FMLA), a salaried employee who is in the highest-paid 10% of the company's employees working within 75 miles of the employee's worksite. An employer does not have to reinstate a key employee after FMLA leave if doing so would cause the company substantial and grievous economic injury.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:18 pm
