Can You Be Laid Off While On Fmla

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 federal Family and Medical Leave Act (FMLA).

Under FMLA, employers cannot use the taking of 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.

If an employee is laid off during the period of FMLA leave, the employer must be able to show that the employee would not have been employed at the time of reinstatement. An employer may also deny restoration to a “key” employee under certain circumstances.

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:

  • An employer is allowed to lay off an employee due to reasons that are not influenced by the fact that the employee took leaves under the FMLA. “If an employee is laid off during the period of FMLA leave, the employer must be able to show that the employee would not have been employed at the time of reinstatement,” notes the Dept. of Labor.
  • An employer can lay off an employee that is salaried and falls under 10% of the highest paid individuals within a 75 miles radius; given that the employer has evidence suggesting that their operations are suffering due to prevalent economic conditions.
  • 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 certain 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?

    No. Disability Insurance and Paid Family Leave provide wage replacement benefits only; they do not provide job protection.

    Can you put in your 2 weeks while on FMLA?

    Can you give a 2-week notice while on FMLA? If you are on FMLA leave, you may notify your employer that you are leaving the company in 2 weeks. Your FMLA protections, including continuing health care coverage, will end when you separate from your employer.

    What if I find another job while on FMLA?

    The FMLA does not prohibit an employee from working another job while on FMLA leave. However, FMLA regulation 825.216(e) states: “If the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave.

    What happens when FMLA is exhausted?

    When employees exhaust twelve weeks of FMLA leave and still cannot return to work due to their own medical impairment, the employer may have an obligation under the ADA to grant additional unpaid leave as a reasonable accommodation, in some situations.

    Can you be terminated while on FMLA in Texas?

    An employee cannot be fired for taking FMLA leave. Military Leave: Federal law gives employees the right to take up to five years of leave to serve in the military with the right to be reinstated when they return to work.

    Can you lay someone off on PTO?

    Workers who are on leave protected by federal statute may be laid off, provided there is a legitimate, nonretaliatory business reason for the termination.

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