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 article will delve into the specifics of FMLA protection, exploring common questions and potential scenarios.
What is FMLA?
FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave during any 12-month period for specific family and medical reasons. Eligibility typically requires working for a covered employer for at least 12 months, having worked at least 1,250 hours during the previous 12 months, and working at a location where at least 50 employees are employed by the employer within 75 miles.
Can an employer fire you for taking FMLA leave?
No, an employer generally cannot fire you for taking FMLA leave. Doing so is a violation of the law and can result in significant penalties for the employer. Upon your return from FMLA leave, your employer is legally obligated to restore you to your previous position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.
What are some exceptions to FMLA protection?
While FMLA offers strong protection, there are exceptions. You could lose your job while on FMLA leave under certain circumstances, but these typically aren't related to the leave itself:
- Layoffs: If your company undergoes a large-scale layoff that affects many employees, including those not on leave, your position may be eliminated, regardless of your FMLA status. This isn't discriminatory; it's a business decision unrelated to your leave.
- Company Closure: If the company closes down, your job, along with all other jobs, will be lost.
- Violation of Company Policy (During Leave): While on leave, an employee should not violate company policies, such as misuse of company property or violating confidentiality agreements. Such violations could lead to termination.
- Failure to Provide Necessary Documentation: Employers have the right to request documentation to support your FMLA leave request. Failure to provide this documentation, or providing falsified documentation, could result in your leave being denied or termination.
- Pre-Existing Issues unrelated to FMLA: If there were pre-existing performance issues before taking FMLA leave, these issues could lead to termination, if documented and addressed properly. The company must demonstrate that the termination is unrelated to the FMLA leave.
What if my employer retaliates against me for taking FMLA leave?
Retaliation for taking FMLA leave is illegal. This could include demotion, negative performance reviews unrelated to actual performance, or other actions designed to punish you for exercising your rights under FMLA. If you believe you have experienced retaliation, you should document everything and consider consulting with an employment lawyer.
What should I do if I think my employer is violating my FMLA rights?
If you believe your employer is violating your FMLA rights, you should:
- Review your employee handbook and FMLA documentation: Understand your rights and the process for requesting and taking leave.
- Document everything: Keep records of all communications with your employer, including emails, letters, and notes from conversations.
- Contact the Department of Labor: The Department of Labor's Wage and Hour Division enforces FMLA. They can investigate your complaint and take action against your employer if a violation is found.
- Consult with an attorney: An employment lawyer can advise you on your rights and represent you in any legal action.
In Conclusion:
While FMLA provides robust protection against job loss for taking necessary leave, it's crucial to understand the nuances and potential exceptions. Maintaining open communication with your employer, providing necessary documentation, and understanding your rights are essential to protecting your job security during and after FMLA leave. If you suspect a violation, seek legal counsel promptly.
