Can You Get Fired While on FMLA?
The short answer is: generally, no. The Family and Medical Leave Act (FMLA) protects eligible employees from retaliation for taking leave. However, there are nuances and exceptions to this seemingly straightforward answer, and understanding them is crucial. This post will delve into the complexities surrounding FMLA and job security, addressing common questions and concerns.
What is FMLA?
Before exploring the possibility of termination during FMLA leave, let's briefly define the act. FMLA is a federal law that allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. These reasons include the birth or adoption of a child, caring for a seriously ill family member, or dealing with a serious health condition that prevents you from working.
Key Protections Under FMLA
FMLA offers several crucial protections to eligible employees:
- Job security: Upon returning from FMLA leave, employees are generally entitled to be reinstated to their original position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.
- Benefit continuation: While the leave itself is unpaid, FMLA protects employees' health insurance coverage during their absence.
- Retaliation protection: This is arguably the most pertinent point regarding this question. Employers cannot retaliate against an employee for taking FMLA leave. This includes firing the employee, demoting them, or otherwise altering their employment terms negatively.
Can an Employer Fire You While on FMLA Leave?
While FMLA offers strong protections, an employer can legally terminate an employee while on FMLA leave under specific, limited circumstances. These circumstances typically involve:
- Violation of company policy: If an employee violates a company policy unrelated to their FMLA leave (such as gross misconduct or insubordination) while on leave, the employer may be able to terminate their employment. However, this violation must be genuinely unrelated to the leave itself. For example, committing a crime while on leave is a separate issue from the leave itself.
- Company closure or downsizing: If the employer is forced to close down its business or conduct a large-scale reduction in force (layoff) unrelated to the employee's FMLA leave, the employee's position might be eliminated. This is a difficult situation to navigate, as proving intent to retaliate requires demonstrating the employer targeted the FMLA employee specifically.
- Employee's position is eliminated: A genuinely non-retaliatory elimination of the employee's job function could lead to termination. The employer has to prove this was not related to the leave.
Can you be fired for misconduct while on leave?
Yes. If the employee engages in egregious misconduct unrelated to their need for FMLA leave, such as fraud, theft, or serious insubordination, they could be terminated. However, the employer must still be able to show that the misconduct, not the leave itself, is the reason for the termination.
What to Do if You Believe You've Been Wrongfully Terminated While on FMLA
If you suspect you have been unjustly fired while on FMLA leave, immediate action is crucial:
- Document everything: Keep detailed records of all communication with your employer, including dates, times, and the content of any conversations.
- Seek legal counsel: Consult with an employment lawyer who specializes in FMLA and employment law. They can advise you on your rights and help you navigate the legal process.
- File a complaint: You can file a complaint with the U.S. Department of Labor's Wage and Hour Division.
In Conclusion:
While FMLA offers robust protections against retaliatory termination, it's not absolute. Employees need to understand their rights and responsibilities under FMLA and seek legal assistance if they believe their employer has violated the law. Prevention is key – ensure your FMLA paperwork is correctly completed and filed and that you maintain open communication with HR. Remember, proving retaliatory intent is a key aspect of an FMLA violation case. It's not enough that an employer fired an employee on FMLA; the employer must have fired the employee because they were on FMLA.
