Can You Be Fired While on FMLA?

Learn what happens to your job during FMLA leave. Can you be fired while on FMLA? Discover essential insights.

Can You Be Fired While on FMLA?

The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave for medical reasons, family care, or certain qualifying events. In fact, 15% of all workers take FMLA leave each year. Just over half, or 51%, of FMLA-type leaves taken were for a worker’s own medical condition.

You may be wondering if you can take FMLA leave without worrying about getting fired. This act may offer significant protection, but employees are not completely immune from termination.

And if you believe that you were let go as a form of retaliation or discrimination, it’s possible that you may have a wrongful termination case, according to Los Angeles wrongful termination lawyer Jennifer Kramer.

Let’s talk more about FMLA and what could happen to your job in those times.

What Is FMLA and Who Does It Protect?

The Family and Medical Leave Act (FMLA) is a vital law that protects eligible employees. It ensures their job security while they take unpaid leave to meet specific family and medical needs. You are covered when you have a newborn, adopted children, or other family members in grave need of care. If you have a critical health issue yourself, it also covers you.

To be considered, you need to have been working for a covered employer for at least 12 months and have put in at least 1,250 hours over the past year. FMLA affords you peace of mind in the event of significant life events by stipulating that your position must be stable during unpaid leave. Knowledge of such a law is mandatory for the protection of your rights.

Can You Be Fired on FMLA Leave?

The FMLA ensures that employees taking leave enjoy strong protections. You should know that there are some circumstances under which your employer might decide to let you go. An employer will have a stronger legal case if they fire you on evidence that it is unrelated to FMLA leave because the employee has not met performance expectations or the company is going through restructuring.

An employer might consider breaches of company policies, such as failing to submit required documentation, as sufficient grounds for taking disciplinary action. An employer can’t exact revenge or retaliate against you for taking leave under FMLA protections but can deal with you on legitimate business considerations.

You must keep yourself informed about your company policies at all times and keep channels of communication open to safeguard your rights while you’re on leave.

What Are Your Rights When on FMLA Leave?

If you applied for FMLA in California or other states, understand that there are explicit rights to protect your job and let you concentrate on your health or family. 12 weeks of leave of absence without pay are ensured, and employment cannot be terminated during this time. When you return from leave, you must be offered a similar role, as your position cannot be filled.

The continued coverage of health benefits during the leave of absence also falls under your rights. It is not allowed for any retaliation against one who exercises their rights to use the FMLA, including the right to lodge a complaint when they feel that their rights are violated. Learning about these rights can provide an advantage in self-improvement during this crucial period.

FMLA Leave: Circumstances That Could Lead to Termination

There are situations that might lead to termination during your FMLA leave. And knowing this could save your job.  Failing to follow the legal procedure for applying for leave could bring about the possible termination of your job. Discovering wrongdoing could also lead to a job loss for your employer.

Your employer may cite a prolonged history of absenteeism and substandard job performances prior to the commencement of leave. If there is any legitimate business reason, like the elimination of your job due to a reduction in force layoff, you could be terminated from your work. 

In case you refuse to return to duty after your authorized leave has expired, your employer could terminate you. This knowledge helps you manage your rights effectively.

 

Steps to Take If You Fear Job Loss During FMLA

Keep your line of communication open with your employer when you are taking your leave. Make sure you provide all necessary documentation. Learn about your company’s FMLA rules and employees’ rights. Talk to an HR person if you have questions. If you feel threatened, an employment lawyer can help you figure out what to do.

You should document all interactions that you have had with your employer regarding your job conditions and your leave. It is useful when disputes arise.  You need to know when an employer can legally fire someone who is on FMLA. Having knowledge can protect your rights and make sure you follow all federal and state labor laws.