Notice to Key Employee
of Substantial and Grievous Economic Injury
To: ___[employee’s name]___
As indicated by written notice dated __[date employee was given individual notice
form]__, you are a key employee of this company. This means that you can be denied
reinstatement following FMLA leave if such reinstatement would cause substantial and
grievous economic injury to the company.
We have determined that reinstating you would cause substantial and grievous economic
injury to the company, because __[explain reasons for determination]__.
We cannot deny you the right to take FMLA leave, or discontinue your health benefits,
based on this determination. However, we intend to deny you reinstatement once your
leave is finished.
If you wish to avoid these consequences, you must return to work no later than __[date
employee must return; also indicate why this date was chosen—for example, “this is the
latest we can afford to have you out without hiring a permanent replacement.”]__ If you
do not return to work by __[date employee must return]__, we intend to replace you and
deny you reinstatement.
Please contact me immediately if you have any questions.