Health Care Reform Resource Center
33 Davis Brown Attorneys Selected for The Best Lawyers in America 2014
Davis Brown Attorneys Named Among Best in the U.S.
Immigration Client Resource Center
Voted Des Moines' Best Law Firm

Davis Brown Employment and Labor Law Blog

HR Quick Takes: FMLA Leave for Key Employees - December 11, 2019

Q: If I am designating an employee as a key employee under the FMLA, can I just fire them on the first day of leave? 

A: No, the FMLA allows key employee designation (exempt, top 10% of earners), but it only allows denial for reinstatement not termination for beginning leave. One question to assess is: can this person be replaced in a timely fashion? If FMLA is four days, you might have trouble with that.

HR Quick Takes features client questions and answers from Iowa employment attorneys. If you have a question you’d like answered, email 


Davis Brown Law Firm blogs, legal updates, and other content are for educational and informational purposes only. This is not legal advice and it does not create an attorney/client relationship between Davis Brown and readers. Each circumstance is different; readers should consult an attorney to understand how this content relates to their personal situation. You should not use Davis Brown blogs or content as a substitute for legal advice from a licensed attorney in your state. Reproduction of Davis Brown content without written consent is prohibited.