Can an employeebe laid off on FMLA Leave?

The FMLA (Family and Medical Leave Act) protects the American workers. The law allows employees to take –

• unpaid leave for up to 12 weeks under specified family and medical reasons
• unpaid leave for up to 26 weeks for military caregiver reasons

Eligible employee are allowed to take unpaid leave under certain circumstances, such as –

• Giving birth to a child
• Developing serious health condition that affects your job performance
• Adopting or fostering a child
• Caring for a child, spouse, or parent with a serious health condition
• A qualifying situation arising out of the fact that your child, spouse, or parent is an active duty service member
• Caring for a service member who has a serious injury or illness if you are his or her parent, spouse, or child

Apart from taking unpaid leave, you may be eligible for the following during and after FMLA leave.

• Continuation of your group health insurance benefits
• Substitution of paid leave for unpaid leave
• Maintenance of other benefits, such as accrual of paid leave
• Restoration of the same job or an equivalent job upon return

Company lay-offs and FMLA leave

A lay-off refers to cutting of jobs by an employer, due to business reasons. Lay-offs may be temporary or permanent. An employer can lay an employee off while they are on FMLA leave, but they cannot terminate the position because of FMLA leave.

FMLA gives you the right to return to your position after the FMLA leave is over. But this doesn’t guarantee job protection if the employer would have terminated the position regardless if you took leave or not.

But your employer cannot retaliate against you for taking FMLA leave. If you suspect that your employer laid you off to retaliate against you, you may be eligible for legal action. Nor can your employer use your FMLA leave as justification for any lay-off or termination.If your employer uses attendance as a reason for company-wide layoffs, they can’t legally countyour FMLA leave as evidence of your absence.

What if I believe my employer violated FMLA?

If you lost your job while you were on FMLA leave, you may be able to collect compensation for the losses.

Consult an employment attorney if you suspect your employer terminated your position due to your FMLA leave.

To learn more, consult one of the leading employment law, workplace harassment and workplace discrimination lawyers in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now! Attorney MeenooChahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters. 

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EmployeeLawoffice Joined: November 19th, 2019