Can You Get Fired While on FMLA?
The short answer is: generally, no. The Family and Medical Leave Act (FMLA) protects eligible employees from being fired or otherwise discriminated against for taking leave. However, there are important nuances to understand. This article will clarify the complexities of FMLA and job security.
What is FMLA?
FMLA is a federal law that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. These reasons include:
- Serious health condition of the employee: This requires ongoing medical treatment or incapacitation.
- Care for a spouse, child, or parent with a serious health condition: Similar to the employee's own serious health condition, this necessitates ongoing care.
- Bonding with a newborn child or newly adopted or foster child: This allows for a period of leave to adjust to the addition of a child to the family.
Job Protection Under FMLA:
When an employee takes FMLA leave, their employer is legally obligated to:
- Hold their job: The employee is entitled to return to the same position or an equivalent position with the same pay, benefits, and other terms and conditions of employment.
- Not retaliate: Employers cannot take any negative action against an employee for taking FMLA leave, such as demotion, pay reduction, or termination.
- Maintain health insurance: The employer must continue to provide health insurance coverage during the leave period, subject to the employee's contributions.
Situations Where FMLA Protection Might Not Apply:
While FMLA offers strong protection, it's not absolute. Here are scenarios where an employee might still face job loss even while on FMLA:
Are there exceptions to FMLA job protection?
Yes, there are several exceptions. You can still be fired while on FMLA if:
- The employer is legitimately downsizing or restructuring: If your job is eliminated due to company-wide layoffs or restructuring that are unrelated to your FMLA leave, you may not have recourse. The key is that the decision must be made independently of the FMLA leave.
- You violate company policy during leave: If you engage in misconduct or violate company policies while on leave, your employer may have grounds for termination. This is especially true if the violation seriously impacts the company's operations.
- You fail to provide proper documentation: FMLA requires employees to provide medical certification from their healthcare provider. Failure to provide this documentation can jeopardize your job protection.
- You are an ineligible employee: FMLA only protects eligible employees who meet specific criteria, including working for a covered employer for a minimum amount of time and working a certain number of hours.
- The leave is not legitimately FMLA-qualifying: The reason for your leave must be a qualifying reason under FMLA. If it's determined your leave doesn't meet the requirements, your protection may not apply.
What if my employer says my job is no longer available when I return from FMLA?
If this happens, you should immediately consult with an employment lawyer. You may have grounds to file a lawsuit against your employer for FMLA violations. Gathering evidence, such as communication with your employer and documentation related to your leave and job responsibilities, is crucial.
How can I protect myself while on FMLA leave?
- Maintain open communication with your employer: Keep them informed of your progress and any anticipated changes in your return-to-work timeline.
- Follow all company policies: Adhere to all company rules and regulations even while on leave.
- Provide all required documentation promptly: Ensure all necessary paperwork, such as medical certifications, are submitted timely and accurately.
- Document everything: Keep records of all communication, documentation, and any interactions with your employer related to your FMLA leave.
Conclusion:
While FMLA provides significant protection against wrongful termination, it is not a foolproof guarantee of job security. Understanding the nuances of FMLA and taking proactive steps to protect your rights are crucial for eligible employees. If you suspect your employer is violating your FMLA rights, consulting with an employment attorney is strongly recommended.
