The FMLA allows an employer to lawfully terminate an employee who is on medical leave if they would have been terminated otherwise. However, if an employer fires or lays off a worker because they took medical leave, then the termination is illegal.
Can You Be Fired For Taking Fmla?
FMLA leave can only be requested and taken by employees. The general rule is, however, that an employer can still terminate an employee even while he or she is on leave or just returned, as long as the reason for the termination was unrelated to the FMLA leave.
Can Fmla Be Used Against You?
In the event that you are forced to choose between work and family during a serious medical situation, this job protection will reduce the stress you may otherwise feel. If you take time off under the FMLA, you may not be punished for it in employment actions such as promotions or discipline.
Can An Employer Fire You For Taking A Leave Of Absence?
Employees who take a leave of absence are called leave of absence. Employers may not terminate employees who take a leave of absence under the law.
Does Fmla Protect Your Position?
The FMLA provides unpaid, job-protected leave for people who cannot work due to serious health conditions, or for those who need to care for their parents, spouses, or children with serious health conditions. Leave may be taken all at once, or may be taken intermittently.
Can You Be Disciplined For Using Fmla?
The FMLA does not allow employers to hold employees accountable for work that was not completed during a leave, and employees are not disciplined, terminated, or otherwise retaliated against for requesting or taking a leave of absence.
Can An Employer Punish You For Medical Leave?
California law extends these protections to individuals who take FMLA/CFRA leave in order to care for a family member suffering from a serious health condition, so employers are not allowed to interfere with their right to take FMLA/CFRA leave.
What Are My Fmla Rights?
Employees of covered employers who are eligible for FMLA leave for specified family and medical reasons can take unpaid leave and continue to receive group health insurance coverage under the same terms and conditions as if they had taken leave without FMLA authorization.