Can You Get Fired While on FMLA?
The short answer is generally no, you cannot be fired for taking FMLA leave. The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees from job loss when they need to take time off for specific family and medical reasons. However, there are nuances and exceptions to this, and understanding them is crucial.
This post will delve into the intricacies of FMLA and job security, answering common questions and clarifying potential misconceptions.
What is FMLA?
The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligibility typically involves working for a covered employer for at least 12 months and 1,250 hours over the past 12 months. The employer must employ 50 or more employees within 75 miles of the worksite.
Can an Employer Fire You for Taking FMLA Leave?
No, an employer cannot fire you solely for taking FMLA leave. This is a core protection of the act. Firing an employee for using FMLA is considered retaliation and is illegal. However, this protection doesn't extend to all situations.
What are the Exceptions Where You Could Be Terminated While on FMLA?
While FMLA protects you from retaliatory termination, your job isn't guaranteed upon your return. There are specific circumstances where an employer might terminate employment, even if you are on FMLA leave. These include:
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Layoffs: If the company undergoes a reduction in force (layoff) that is unrelated to your FMLA leave, your job could be eliminated. Your position may be eliminated regardless of your leave status.
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Company Closure: If the company shuts down, all employees, including those on FMLA, would lose their jobs.
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Violation of Company Policy (While on Leave): While on FMLA, you still have a responsibility to adhere to company policies. If you engage in serious misconduct or violate company rules during your leave (e.g., committing a crime, disclosing confidential information), you can be fired. This is not related directly to your FMLA usage, but rather to your actions.
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Failure to Provide Necessary Documentation: FMLA requires documentation from a healthcare provider to support the leave request. Failure to provide adequate and timely documentation can lead to complications, although termination is not automatic. Your employer should attempt to resolve any documentation issues before taking such a drastic step.
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Position No Longer Exists Upon Return: While highly unlikely, if your specific role is eliminated during your leave, due to restructuring or other legitimate business reasons unrelated to your FMLA leave, the employer is not obligated to reinstate you to that exact position. However, they must offer you a comparable position if one exists.
What to Do if You Believe You Were Wrongfully Terminated While on FMLA
If you believe you were terminated in retaliation for taking FMLA leave, you should immediately contact a qualified employment lawyer. They can advise you on your legal options and help you navigate the process of filing a claim with the Department of Labor. Gathering evidence of your FMLA leave, your job performance, and the circumstances surrounding your termination is crucial.
Can I be fired if my FMLA leave is longer than anticipated?
Your employer cannot fire you simply because your FMLA leave is longer than initially expected, provided the extension is appropriately documented by your healthcare provider and approved according to FMLA guidelines. However, a prolonged absence may lead to the employer questioning your ability to return to work, or lead to a situation where your position is eliminated for reasons unrelated to your leave (such as restructuring or layoffs).
What if my employer is making it difficult to return to work after FMLA?
If you face obstacles upon your return from FMLA, it is crucial to document everything and seek legal advice. Your employer must reinstate you to your previous position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Any interference or difficulty returning to work could potentially be considered retaliation under FMLA.
Remember, this information is for general guidance only and should not be considered legal advice. If you have specific questions or concerns about your rights under FMLA, consult with an employment attorney.
