Can You Get Fired on FMLA?
The short answer is: generally, no, you cannot be fired for taking FMLA leave. The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees from job loss due to needing time off for serious health conditions, the birth or adoption of a child, or to care for a family member with a serious health condition. However, there are some important nuances to understand.
This article will delve into the complexities of FMLA and job security, addressing common questions and concerns.
What is FMLA?
FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year. Eligibility requirements include:
- Working for a covered employer: This typically means working for an organization with 50 or more employees within a 75-mile radius.
- Working for the employer for at least 12 months: You must have been employed for a year before you can utilize FMLA.
- Working at least 1,250 hours during the 12 months prior to taking leave: This demonstrates a consistent work history.
Can an Employer Fire You for Taking FMLA Leave?
Firing an employee for taking FMLA leave is illegal. The law explicitly protects employees from retaliation for exercising their FMLA rights. This means your employer cannot:
- Terminate your employment.
- Demote you.
- Reduce your pay or benefits.
- Otherwise retaliate against you for taking FMLA leave.
However, it's crucial to understand that this protection doesn't apply in all situations.
Can You Be Fired for Other Reasons While on FMLA Leave?
While you can't be fired because you took FMLA leave, you can still be fired for other legitimate, non-retaliatory reasons. For example:
- Violation of company policy: If you violate a company policy while on leave (even if unintentionally), your employer may have grounds for termination. However, the termination must be based on the policy violation itself, not on the fact that you were on FMLA leave.
- Layoffs or company restructuring: If your job is eliminated due to a company-wide restructuring or layoff, your FMLA status won't protect you from being let go. This is a common area of confusion. FMLA protects your job, not your company from economic hardship.
- Poor performance before FMLA leave: If your performance was consistently poor before you took leave, your employer may still terminate your employment. The key here is to demonstrate the performance issues were not a pretext for retaliation.
What if I Suspect Retaliation?
If you believe you were fired or otherwise retaliated against for taking FMLA leave, you need to take action. Document everything: dates of your leave, conversations with your employer, any performance reviews, and any communication regarding your termination. You should consult with an attorney specializing in employment law to explore your legal options. You may have grounds for a lawsuit against your employer.
What to Do Before Taking FMLA Leave?
Before taking FMLA leave, it's advisable to:
- Notify your employer in writing: Follow your company's specific procedures for requesting FMLA leave, typically involving a formal request outlining the reason for the leave.
- Keep records: Maintain accurate records of your hours worked, your FMLA request, and any communication with your employer regarding your leave.
- Understand your company's policies: Familiarize yourself with your company's policies regarding FMLA and other leaves of absence.
Can my employer ask for medical certification?
Yes. Your employer can request medical certification from your doctor to support your FMLA leave request. This certification must provide details about your serious health condition and the need for leave.
In conclusion, while FMLA provides significant protection against job loss, it's not absolute. Understanding the nuances of the law and your employer's policies is crucial. If you have any doubts or concerns, seeking legal advice is always recommended.
