After the enactment of federal and state statutes related to leaves of absence, employer discretion to terminate employees on leave eroded considerably. Employees are protected against discrimination for exercising their right to take temporary unpaid leave from employment under the federalÂ Family and Medical Leave ActÂ (FMLA).
Under FMLA, employers cannot use the taking ofÂ qualified leave, such as for the birth of a child or a serious health condition, as a negative factor in any employment actions, including promotion, discipline, layoff, or termination.
It is not illegal for your employer to lay you off during your FMLA leave, but it is illegal for your employer to lay you off because of your FMLA leave.By
I had abdominal surgery several weeks ago, and Im taking FMLA leave from work. My doctor said I would need eight weeks off, then would be able to work only part time for four more weeks. I just got an email from my manager saying that the company is struggling financially and will have to lay some people off. Our department has to lose two positions, and theres a chance my job might be one of them. Is this legal? I thought the FMLA gave me the right to get my job back when my leave is over.
Can Employees Be Laid Off During FMLA Leaves?Contrary to popular belief, it is not illegal for employers to lay off employees during their FMLA leaves. However, this is only permitted under certain conditions.In essence, a company is allowed to lay off an employee as long as they would have made the same decision had the employee not used their FMLA.The following are some factors that allow an employer to lay off an employee during their FMLA leave:
There still remains plenty of confusion surrounding the circumstances that make an employee eligible to take FMLA leaves. Whether you are a manager in search of answers pertaining to the FMLA, or an employee desperately in need of understanding how the FMLA applies to you, we suggest that you look into an
Complying with FMLA – Employees
Under FMLA, employees must also comply with certainÂ notice requirements. For example, an employee must provide 30-days notice before taking an FMLA-covered leave, or as much notice as is “practicable.” If an employee fails to provide timely notice, the leave may be unprotected by FMLA. If all the notice requirements are met, the employee is entitled to a maximum of 12 weeks of leave under FMLA.
What Employees Can and Cannot Do During FMLA Leave
Does FMLA protect you from losing your job?
Can you put in your 2 weeks while on FMLA?
What if I find another job while on FMLA?
What happens when FMLA is exhausted?
Can you be terminated while on FMLA in Texas?
Can you lay someone off on PTO?