Can You Be Terminated While on FMLA?
The short answer is: generally, no. The Family and Medical Leave Act (FMLA) protects eligible employees from retaliation, including termination, for taking FMLA leave. However, there are important nuances to understand. This isn't a blanket guarantee, and several situations could lead to termination even while on FMLA. Let's delve into the specifics.
What is FMLA?
Before we address termination, let's briefly review what FMLA is. The Family and Medical Leave Act is a federal law in the United States that allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continued group health insurance coverage. Eligibility usually requires working for a covered employer for at least 12 months, working 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.
Can an Employer Fire You for Taking FMLA Leave?
No, an employer generally cannot fire you solely for taking FMLA leave. This is illegal retaliation. FMLA protects your job while you're on leave, meaning your position should be held for you upon your return. However, this protection doesn't extend to every scenario.
What are the Exceptions?
While FMLA offers strong protections, there are circumstances where termination might be lawful, even during FMLA leave. These include:
- Layoffs: If your company undergoes a legitimate reduction in force (layoff) that's not targeted specifically at FMLA users, your employment could be terminated regardless of your FMLA status. The key here is whether the layoff is company-wide or discriminatory towards those using FMLA.
- Violation of Company Policy: If you violate a company policy while on leave that would normally lead to termination (e.g., serious misconduct unrelated to your medical condition), your employer may have grounds to fire you. This needs to be a significant violation, not simply a minor infraction.
- Failure to Provide Necessary Information: Employers require certain documentation and information for FMLA leave. Failure to provide the requested information or to follow the employer's FMLA procedures could result in termination.
- Employer's Business Necessity: In rare circumstances, an employer might legitimately terminate an employee on FMLA leave if the employee's position becomes unnecessary due to unforeseen business circumstances. This requires clear demonstration that the termination wasn't retaliatory.
What if I Think I Was Wrongfully Terminated?
If you believe you were wrongfully terminated while on FMLA leave, you should:
- Document Everything: Keep records of all communication with your employer regarding your leave, including any requests for information, and your responses.
- Consult with an Attorney: An employment attorney can advise you on your legal rights and options. They can assess whether your termination was lawful or constitutes unlawful retaliation under FMLA.
- File a Complaint: If you have a valid claim, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division.
Can I Be Terminated After Returning from FMLA Leave?
While unlikely, if the reason for termination is unrelated to the leave itself (like poor performance documented before the leave), then it might be considered legal. However, any perceived negative impact on performance should be thoroughly investigated to ascertain if it’s a legitimate reason and not a pretext for retaliation. Again, documenting everything is crucial.
In Conclusion:
While FMLA significantly protects employees, it's not absolute job security. Understanding the exceptions and documenting everything is crucial for anyone taking FMLA leave. If you face termination, seek legal advice immediately.
This information is for general guidance only and does not constitute legal advice. Always consult with an employment law attorney for advice specific to your situation.
