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 due to needing time off for serious health conditions, the birth or adoption of a child, or the care of a family member with a serious health condition. However, there are nuances and exceptions to understand.
This guide will explore the intricacies of FMLA and job security, clarifying common misconceptions and providing valuable insights for employees and employers alike.
What is FMLA?
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Eligibility generally requires working for a covered employer for at least 12 months, having worked at least 1,250 hours over the past 12 months, and working at a location where at least 50 employees are employed by the employer within 75 miles. Specific requirements can vary slightly depending on the state. The FMLA allows for up to 12 weeks of leave in a 12-month period.
Can an Employer Fire You for Taking FMLA Leave?
No, generally speaking, an employer cannot fire you for taking FMLA leave. This is a key protection offered under the law. Retaliation for exercising your FMLA rights is illegal. However, it's crucial to understand that this protection doesn't extend to all employment scenarios.
What are the Exceptions?
While FMLA protects employees from termination because they took leave, an employer can still terminate an employee for legitimate, non-retaliatory reasons, even if that employee is on FMLA leave. These might include:
- Violation of Company Policy: If an employee violates company policy while on leave (e.g., failing to follow procedures for requesting leave, unauthorized use of company resources), this could lead to termination.
- Company-Wide Layoffs or Restructuring: If a company is undergoing layoffs or restructuring that affect all employees, regardless of FMLA status, an employee on leave may unfortunately still be impacted. However, such actions must be uniformly applied.
- Performance Issues Before Leave: Pre-existing performance problems that were documented before the employee took leave can still be grounds for termination. The employer must prove the termination is unrelated to the FMLA leave.
- Failure to Return to Work After Leave: An employee is generally expected to return to work after their FMLA leave concludes. Failure to do so without proper notification or valid reasons could result in termination.
It's vital to remember: If an employer terminates an employee while on FMLA leave, the burden of proof rests with the employer to demonstrate the termination was for a legitimate, non-retaliatory reason.
What if I Suspect Retaliation?
If you believe your employer terminated or otherwise retaliated against you because you took FMLA leave, you should:
- Document Everything: Keep meticulous records of all communications, including emails, letters, and any performance reviews.
- Consult with an Attorney: An employment law attorney can advise you on your rights and options.
- File a Complaint: You can file a complaint with the U.S. Department of Labor's Wage and Hour Division.
Can I be fired during my FMLA leave for something that happened before I started my leave?
Yes, if your employer has legitimate, documented performance issues prior to your FMLA leave. This could include consistent tardiness, failure to meet deadlines, or violation of company policy. However, again, it's critical that these issues were properly documented before your leave commenced. The employer must demonstrate a clear and documented reason for the termination, unrelated to the FMLA leave itself.
This information is for educational purposes only and does not constitute legal advice. It's always best to consult with an employment law attorney if you have specific questions or concerns regarding your rights under FMLA.
