Glossary > Employment Law > Employment Rights > Family And Medical Leave Act (FMLA)

Key Employee

A Key Employee, within the context of employment law and the Family and Medical Leave Act (FMLA), refers to an individual in a company who holds a crucial position, often at a senior level, making their absence significantly impactful on the organization's operations.

Example #1

A Chief Executive Officer (CEO) of a company who oversees all major decisions and strategies would typically be considered a Key Employee.

Example #2

A Lead Research Scientist whose expertise is critical for a project's success could also be classified as a Key Employee.

Misuse

Misuse of the Key Employee classification could occur if an employer falsely designates individuals as Key Employees to prevent them from taking leave under the FMLA. This practice undermines the intent of the FMLA, which is to ensure that employees can take time off for qualifying medical and family reasons without jeopardizing their jobs.

Benefits

The benefit of the Key Employee concept is that it recognizes the essential role certain employees play in the functioning of a business. By identifying Key Employees, companies can plan for the temporary absence of these individuals and mitigate potential disruptions.

Conclusion

Protecting against the misuse of the Key Employee classification is essential to uphold the rights of all employees to take FMLA leave when necessary. Recognizing Key Employees can help businesses maintain stability during periods of absence by implementing appropriate contingency plans.

Last Modified: 4/30/2024