Can You Get Fired While on FMLA?
The short answer is generally no, you cannot be fired 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.
What is FMLA?
FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. Eligibility depends on factors like the size of your employer, the length of your employment, and your work location. To qualify, you generally must have worked for your employer for at least 12 months and have worked at least 1,250 hours during the 12 months before the leave begins.
Can an Employer Fire You While on FMLA Leave?
While FMLA protects your job, it's not an absolute guarantee. Firing an employee on FMLA leave is illegal, unless the employer can demonstrate that the termination was for a legitimate, non-discriminatory reason unrelated to the FMLA leave. This means the employer must have a reason to fire the employee that would have applied even if the employee hadn't taken FMLA leave.
Examples of legitimate reasons for termination that are unrelated to FMLA leave might include:
- Gross misconduct: This could include theft, violence, or serious violations of company policy.
- Repeated violations of company policy: Consistent minor infractions, even if not individually serious, can accumulate to justify termination.
- Company restructuring or downsizing: If the company is legitimately reducing its workforce due to economic hardship, an employee on FMLA may unfortunately be affected. However, the employer must demonstrate that the decision was based on legitimate business needs and not retaliatory.
- Performance issues unrelated to the leave: If an employee's performance was consistently poor before taking FMLA leave, this could be a legitimate reason for termination. However, it's crucial that the performance issues are well-documented.
What Happens if You Think You Were Wrongfully Fired While on FMLA?
If you believe you were unjustly terminated while on FMLA leave, you should:
- Consult with an attorney: An employment lawyer can advise you on your rights and the best course of action.
- Gather documentation: Collect any paperwork related to your employment, including your FMLA paperwork, performance reviews, and any communication regarding your termination.
- File a complaint: You can file a complaint with the U.S. Department of Labor's Wage and Hour Division.
Can My Employer Deny My FMLA Leave?
Your employer can deny your FMLA leave request only if it does not meet the requirements of the law. This means your serious health condition (or that of your family member) must meet FMLA's definition of a "serious health condition," which typically requires medical treatment. This requires proper documentation from a healthcare provider. If your employer denies your request, it is imperative to understand the reasons and consider seeking legal advice.
What constitutes a “serious health condition” under FMLA?
A "serious health condition" under FMLA typically involves:
- Inpatient care: A stay in a hospital or other medical care facility.
- Continuing treatment: A condition requiring ongoing treatment from a healthcare provider, such as regular visits and medication.
- Conditions requiring a period of incapacity: A condition that leaves the employee unable to perform their job functions for more than three consecutive days.
This information is for educational purposes only and should not be considered legal advice. It is always best to consult with an employment lawyer if you have specific questions or concerns about your rights under the FMLA.
