Can You Be Terminated While on FMLA?
The short answer is: generally, no, you cannot be terminated 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 complexities of FMLA and termination, answering frequently asked questions and providing a clear understanding of your rights.
What is FMLA?
FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. Eligibility typically requires working for a covered employer (employers with 50 or more employees within a 75-mile radius) for at least 12 months and having worked 1,250 hours during those 12 months. The qualifying reasons for leave include:
- The employee's serious health condition: This includes conditions requiring inpatient care or continuing treatment by a health care provider.
- To care for a spouse, child, or parent with a serious health condition: The definition of "serious health condition" applies here as well.
- For the birth and care of a newborn child: This covers both biological and adopted children.
- For the placement of a child with the employee for foster care: This includes adoption and foster care placements.
Can an Employer Terminate You While on FMLA Leave?
While FMLA prohibits termination because of FMLA leave, it's not an absolute shield against all forms of termination. Employers can still terminate employees on FMLA leave if they would have been terminated regardless of their leave status. This typically falls under these categories:
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Termination for reasons unrelated to FMLA leave: For example, if an employee committed gross misconduct, engaged in illegal activity, or consistently failed to meet performance expectations before taking FMLA leave, they could be terminated. The employer must demonstrate that the termination was unrelated to the FMLA leave. This often involves demonstrating a pre-existing performance issue.
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Layoffs due to economic circumstances: If an employer needs to reduce its workforce due to financial difficulties, employees on FMLA leave can be included in the layoff process, provided the selection process is neutral and not targeted at FMLA users.
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Violation of company policy: Taking FMLA leave does not excuse an employee from complying with company policies and procedures. Serious violations during leave or before leave, can lead to termination.
What if My Employer Retaliates Against Me for Taking FMLA Leave?
Retaliation is illegal. If you believe your employer terminated you because you took FMLA leave, or retaliated against you in any other way (e.g., demotion, negative performance reviews), you may have grounds for a legal claim. Document everything thoroughly, including dates, conversations, and any written communication. Consult with an employment lawyer to explore your legal options.
What are my rights if I believe I was wrongly terminated?
If you suspect your termination was unlawful, it's crucial to:
- Consult with an employment lawyer: They can assess your situation, advise you on your rights, and represent you if necessary.
- Gather evidence: Collect any documents related to your employment, performance reviews, disciplinary actions (if any), and communication regarding your FMLA leave.
- File a complaint: You can file a complaint with the U.S. Department of Labor's Wage and Hour Division.
Is there a time limit to file a complaint about FMLA retaliation?
Yes, there are strict time limits for filing a complaint regarding FMLA violations. These vary by state and federal regulations. It's vital to consult with an attorney as soon as possible if you believe you have been retaliated against.
This information is for general guidance only and does not constitute legal advice. If you have specific concerns about your situation, you should consult with an employment law attorney in your jurisdiction.
