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 serious health conditions, the birth or adoption of a child, or to care for a family member with a serious health condition. However, there are some important nuances to understand.
This comprehensive guide will delve into the specifics of FMLA protection and the circumstances under which an employer might terminate an employee's employment during leave.
What is FMLA?
FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. To be eligible, you generally must have worked for your employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work at a location where 50 or more employees are employed by the employer within 75 miles.
Can an Employer Fire You for Taking FMLA Leave?
No, an employer cannot legally fire you solely for taking FMLA leave. This is a direct violation of the law. Doing so can result in significant legal penalties for the employer. Upon your return from FMLA leave, your employer is required to reinstate you to your original position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.
What are the Exceptions?
While FMLA offers strong protection, there are exceptions. You can still be terminated for reasons unrelated to your FMLA leave. For example:
- Company-wide layoffs or restructuring: If your position is eliminated due to a legitimate business reason unrelated to your leave, your employment may be terminated.
- Violation of company policy: If you violated a company policy unrelated to your FMLA leave, you could be subject to disciplinary action, which could include termination. This means actions taken before your leave, during your leave (if you can be reached and disciplined), or after your leave can still lead to dismissal. However, any disciplinary action must not be retaliatory.
- Performance issues before FMLA: If you had consistent performance issues before taking FMLA leave and documentation exists to support these issues, your employer may be able to use this as a reason for termination. The key here is the timing – poor performance after the leave is much harder to use as justification.
- Failure to return to work: After your FMLA leave has ended, you are required to return to work. Failure to do so without providing sufficient notice or justification could be grounds for termination.
What if my employer tries to retaliate against me?
If you suspect your employer is retaliating against you for taking FMLA leave, you should document everything, including dates, times, and specifics of any conversations or actions. You should also consult with an employment lawyer to discuss your options. The Department of Labor's Wage and Hour Division enforces FMLA and can investigate complaints of violations.
What are the potential consequences for an employer who violates FMLA?
Employers who violate FMLA can face significant penalties, including back pay, benefits, damages, and attorney fees.
How can I protect myself during FMLA leave?
- Maintain open communication: Keep your employer informed of your status, as appropriate.
- Follow company policies: Adhere to company procedures and guidelines related to FMLA leave.
- Document everything: Keep meticulous records of your leave, communications, and any incidents that could be interpreted as retaliation.
This information is for general guidance only and does not constitute legal advice. If you have specific concerns about your employment situation, you should consult with an employment attorney.
