Can You Get Fired While on FMLA?
The short answer is: generally, no. The Family and Medical Leave Act (FMLA) protects eligible employees from retaliation for taking leave, including termination. However, there are important nuances to understand. This comprehensive guide will clarify the intricacies of FMLA and job security.
What is FMLA?
FMLA is a federal law that entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons. This includes serious health conditions affecting the employee, a spouse, child, or parent. Eligibility requirements generally include working for a covered employer for at least 12 months and 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 While on FMLA Leave?
Firing an employee while they are on legitimate FMLA leave is illegal. The law explicitly protects employees from discrimination or retaliation for using their FMLA rights. This means that an employer cannot terminate an employee simply because they are on leave. However, an employer can terminate an employee for reasons unrelated to their FMLA leave.
Exceptions to FMLA Protection:
While FMLA offers significant protection, there are some exceptions where an employer might legally terminate an employee even during FMLA leave:
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Layoffs: If an employer conducts a legitimate, non-discriminatory layoff that affects multiple employees, including those on FMLA leave, the termination might be lawful. However, the employer must demonstrate that the decision was based on legitimate business reasons and not because the employee was on leave.
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Serious Misconduct: If an employee commits serious misconduct during their leave (before the leave commences or while the leave is in effect), the employer may have grounds for termination. This typically includes actions such as theft, fraud, or violence. The misconduct needs to be significant enough to warrant immediate dismissal, even if unrelated to the health condition that prompted FMLA.
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Failure to Return to Work: Employees are generally expected to provide notice of their intent to return to work. Failure to do so without a legitimate reason may result in termination. This does not apply to situations where the employee is still legitimately unable to return to work due to a continuing health condition covered by FMLA.
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Employer's Business Closure: If the employer's business closes permanently, employees on FMLA leave will likely be terminated along with other employees.
What to Do If You Think You've Been Wrongfully Terminated:
If you believe you have been wrongfully terminated while on FMLA leave, you should:
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Document Everything: Keep records of all communication with your employer, including emails, letters, and notes from conversations. This documentation is crucial if you decide to pursue legal action.
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Contact the Department of Labor (DOL): The DOL enforces the FMLA. You can file a complaint with them, outlining the circumstances of your termination.
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Consult with an Employment Lawyer: An attorney specializing in employment law can advise you on your legal rights and options.
Frequently Asked Questions (FAQ):
What constitutes serious misconduct that could lead to termination while on FMLA?
Serious misconduct typically involves actions that are egregious violations of company policy or the law, like theft, violence, or gross insubordination. Minor infractions generally wouldn't justify termination during FMLA leave.
Can my employer ask for documentation regarding my medical condition while on FMLA?
Yes, but the employer can only request certification from a health care provider concerning the employee’s medical condition to determine eligibility for FMLA leave. They cannot request detailed medical information unrelated to the eligibility requirements.
If I'm fired while on FMLA, what kind of compensation can I expect?
If you win a wrongful termination lawsuit, you could be entitled to back pay, lost benefits, compensatory damages, and punitive damages. The exact amount depends on the specifics of the case and the court's decision.
How long do I have to file a complaint with the Department of Labor after being terminated?
You generally have a limited time frame to file a complaint, which varies by state. It's crucial to consult with an attorney as soon as possible to understand the applicable deadlines.
Navigating FMLA and potential job security issues can be complex. If you have any concerns about your rights under FMLA, seeking advice from an employment lawyer is strongly recommended. This information is for general guidance only and does not constitute legal advice.
