Can You Be Terminated While on FMLA?
The short answer is: generally, no. The Family and Medical Leave Act (FMLA) protects eligible employees from retaliation for taking FMLA leave. However, there are important nuances to understand. Simply taking FMLA leave doesn't guarantee job security under all circumstances. Let's delve into the details.
What is FMLA?
The Family and Medical Leave Act (FMLA) is a U.S. federal law requiring covered employers to provide employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. These reasons include:
- The birth and care of a newborn child.
- The placement of a child with the employee for adoption or foster care.
- To care for an immediate family member (spouse, child, or parent) with a serious health condition.
- To take medical leave when the employee is unable to work because of a serious health condition.
Can an Employer Terminate You During FMLA Leave?
While FMLA protects against termination because of taking leave, it doesn't provide blanket job security. You can still be terminated for legitimate, non-retaliatory reasons. This means that if your employer has a legitimate, non-discriminatory reason to terminate you, they can do so, even while you are on FMLA leave.
Examples of Legitimate Reasons for Termination While on FMLA:
- Company-wide layoffs: If your employer is downsizing or restructuring the company and your position is eliminated, you can be terminated regardless of your FMLA status.
- Violation of company policy: If you violate a company policy unrelated to your medical condition or FMLA leave, such as serious misconduct, this could be grounds for termination. This would typically require a pre-existing policy clearly outlining the expectations and consequences.
- Failure to meet performance expectations (prior to leave): If your performance was consistently poor before you took FMLA leave, your employer may use that as justification for termination. However, this needs to be documented and unrelated to your medical condition.
Important Considerations:
- Documentation: It's crucial to maintain detailed records of your FMLA leave request, your employer's response, and any communication related to your employment status.
- Burden of Proof: If you believe you were terminated in retaliation for taking FMLA leave, you have the burden of proving it. This often involves gathering evidence, possibly with legal assistance.
- State Laws: Some states have their own laws that may offer greater protections than FMLA. Check your state's labor laws for more information.
- Consult an Attorney: If you suspect unlawful termination while on FMLA, it's highly recommended that you consult with an employment attorney. They can advise you on your rights and help you navigate the legal process.
Frequently Asked Questions (FAQ):
1. Can my employer fire me for using FMLA leave? No, not if the termination is solely because you took FMLA leave. This is considered retaliation and is illegal.
2. What if my employer says my position is eliminated? While this can be a legitimate reason for termination, be sure to examine whether this is truly the case, or if it's a pretext for retaliation. Your employer must be able to demonstrate a legitimate, non-retaliatory reason.
3. I was on FMLA and my performance review was poor after I returned. Can I be fired? If your performance was poor before your leave and properly documented, your employer may have grounds for termination. However, if the poor performance is directly related to your medical condition or the effects of your leave, it's likely retaliatory.
4. What should I do if I believe I was wrongly terminated while on FMLA? Document everything, seek legal advice immediately, and consider filing a complaint with the U.S. Department of Labor's Wage and Hour Division.
In conclusion, while FMLA offers crucial job protection, it's not a guarantee of employment. Understanding your rights and documenting everything is essential to protect yourself. If you are facing termination while on FMLA leave, seek legal counsel immediately.
