The Family and Medical Leave Act (FMLA) is a critical piece of legislation in the United States that ensures employees can take time off to address personal or family health needs without the fear of losing their job. However, there are still many questions regarding job security when it comes to taking time off under FMLA, especially when it comes to termination.
A common concern many workers have is: Can you be fired while on FMLA? In this blog, we will explore this question and provide clarity on what your rights are during your FMLA leave, as well as how to protect yourself from fired on FMLA.
1. Understanding the Family and Medical Leave Act (FMLA)
The FMLA was passed in 1993 to protect employees who need to take leave for certain medical or family reasons. Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave per year for the following reasons:
- The birth or adoption of a child
- Caring for a family member with a serious health condition
- Personal health issues that prevent you from performing your job duties
The FMLA is designed to protect employees from losing their job while they address serious medical or family matters. However, the law does not guarantee paid time off—it only ensures job protection during your leave.
2. Can You Be Fired While on FMLA?
The short answer is: No, you cannot be fired for simply taking FMLA leave if you meet the eligibility requirements. However, there are certain circumstances where your job may be at risk, even while on FMLA.
Here’s a breakdown:
- Job Protection: When you take FMLA leave, you are entitled to return to your previous position or a similar one with the same pay and benefits. Your employer is legally prohibited from firing you because you need to take FMLA leave.
- Reasons for Termination: While employers cannot fire you solely for taking FMLA leave, they can still terminate your employment if you are laid off, if the company goes out of business, or for other legitimate reasons unrelated to the leave. For example, if your employer can demonstrate that the termination was part of a company-wide layoff or restructuring, it may be legal, even if you are on FMLA leave.
- Violation of Company Policy: If an employee violates company policies or engages in misconduct during their FMLA leave, the employer may have grounds to terminate the individual. These violations can include things like working at another job while on leave or engaging in behavior that goes against company rules.
3. What Constitutes Wrongful Termination During FMLA?
If an employee is terminated while on FMLA leave and the employer’s reason is linked to the employee’s use of the leave, it may be considered wrongful termination. Fired on FMLA could be seen as illegal if:
- Termination solely for taking FMLA leave: If you are fired directly because you took leave for medical reasons, this would violate your rights under the FMLA.
- Discrimination related to FMLA usage: If your employer treats you differently after you return from FMLA leave (e.g., giving you unfavorable assignments, reducing your pay, or not offering you the same position), it may be grounds for legal action.
In these situations, you may have the right to file a complaint with the U.S. Department of Labor or pursue legal action for wrongful termination.
4. What Should You Do If You Are Fired While on FMLA?
If you believe you have been wrongfully terminated while on FMLA leave, here are the steps you can take:
- Review Company Policies: First, review your company’s leave policies and any correspondence you have received about your FMLA leave. Understand whether the termination was in violation of any company policies.
- Document Everything: Keep a record of all communication with your employer regarding your leave and termination. Save emails, texts, or letters that could be used as evidence in a legal dispute.
- Consult an Employment Lawyer: If you suspect you were fired unfairly, consulting with an experienced employment lawyer can help clarify your situation. They can evaluate the circumstances and provide guidance on how to proceed.
- File a Complaint: If you believe your termination was a violation of FMLA, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). The WHD can investigate and help resolve the issue.
5. How to Protect Yourself While on FMLA
To avoid any misunderstandings and to ensure your rights are protected while on FMLA leave, take the following steps:
- Give Proper Notice: Provide your employer with the required notice about your leave. You must inform your employer about your need for FMLA leave within a reasonable time frame, generally 30 days in advance when possible.
- Stay in Contact: Keep communication open with your employer about your leave, your health status, and your expected return. This will demonstrate your commitment and keep them informed of any changes.
- Follow the Process: Follow the official process for requesting and taking FMLA leave. Make sure to submit any necessary paperwork, such as medical certifications, and keep records of all communications.
6. Conclusion
In most cases, you cannot be fired while on FMLA leave, as long as your reason for taking leave is legitimate and your employer cannot demonstrate a valid, non-retaliatory reason for your termination. The Family and Medical Leave Act provides strong protections for employees, ensuring that they can focus on their health or family without fearing job loss.
If you do experience termination while on FMLA leave, it’s essential to know your rights and seek advice if needed. The law is there to protect employees, and fired on FMLA is a serious matter that can be addressed legally.
