It depends. If you are among the highest-paid ten percent of employees in your organization, which the FMLA defines as a "key employee," your employer may not have to keep your job or a similar position open for you. But before your employer can deny you leave, it must show that guaranteeing you your job would cause substantial economic harm to the organization. You must also be told in advance that you qualify as a key employee and that as a result, your job may not be open when you return. Whatever happens on your return, your employer must maintain your usual health insurance coverage while you are on leave. A "key employee" is defined as a salaried, "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the worksite. In order to comply with the FMLA's "key employee" exception, the employer must: notify you of your status as a "key employee" in response to your notice of intent to take FMLA leave; notify you as soon as the employer decides it will deny job restoration, and explain the reasons for this decision; offer you a reasonable opportunity to return to work from FMLA leave after giving this notice; and make a final determination as to whether reinstatement will be denied at the end of the leave period if you then request that you be reinstated to your job.