Reinstatement

(a)Notwithstanding § 3602(a), an employer may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: COL08222024 CH. 3 FAIR LABOR STANDARDS

(1)The employee is a salaried employee who is among the highest paid ten percent (10%) of the employer’s employees employed on Guam;

(2)The refusal is necessary to prevent substantial and grievous economic injury to the operations of the employer; and

(3)The employer notifies the employee of the intent to refuse reinstatement at the time the employer determines the refusal is necessary under Subsection (a)(2) of this Section.

(b)In any case in which the leave has already commenced, the employer shall give the employee a reasonable opportunity to return to work following the notice prescribed by Subsection (a)(3) of this Section.

(c)Leave taken by an employee pursuant to this Article shall run concurrently with leave taken pursuant to the FMLA, or with other non-FMLA leave taken pursuant to the employer’s leave policies if such leave also qualifies for leave pursuant to this Article. The aggregate amount of leave taken pursuant to this Article or the FMLA, or both, shall not exceed twelve

(12)workweeks in a twelve (12)-month period. The aggregate amount of leave taken pursuant to this Article or other non-FMLA leave taken pursuant to the employer’s leave policies if such leave also qualifies for leave pursuant to this Article, or both, shall not exceed the greater of twelve

(12)workweeks in a twelve (12)-month period, or the maximum amount allowed for the non-FMLA leave taken pursuant to the employer’s leave policies.

(d)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this Article.