Understanding the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons, including the birth or adoption of a child, a serious health condition, or to care for a family member with a serious health condition.
The FMLA also provides job protection, meaning that employees who take FMLA leave are entitled to return to their same or equivalent position upon their return to work, with the same benefits and pay.
Can You Get Laid Off While on FMLA Leave?
While the FMLA provides job protection, it is not a guarantee against layoffs or termination. However, employers are prohibited from retaliating against employees who take FMLA leave, including laying them off or terminating their employment.
If an employer is undergoing a reduction in force or layoffs, employees on FMLA leave may still be subject to termination, but the employer must be able to demonstrate that the decision to terminate was not motivated by the employee's use of FMLA leave.
Exceptions to Job Protection Under the FMLA
There are certain exceptions to the job protection provisions of the FMLA, including if the employer can demonstrate that the employee would have been laid off or terminated even if they had not taken FMLA leave.
Additionally, if the employee is a key employee, as defined by the FMLA, the employer may be able to deny job restoration if it can demonstrate that the restoration would cause substantial and grievous economic injury to the employer's operations.
Protections for Employees on FMLA Leave
Employees who take FMLA leave are entitled to continue their group health plan coverage during their leave, and the employer must maintain their coverage as if they were still working.
Additionally, employees on FMLA leave are protected from retaliation, including being laid off or terminated, for exercising their rights under the FMLA.
What to Do If You Are Laid Off While on FMLA Leave
If you are laid off while on FMLA leave, you should consult with an employment law attorney to determine your rights and options under the FMLA and other applicable laws.
You may be entitled to file a complaint with the U.S. Department of Labor or to pursue a lawsuit against your employer for violating your rights under the FMLA.
Frequently Asked Questions
Can my employer lay me off while I'm on FMLA leave?
While the FMLA provides job protection, employers can still lay off employees on FMLA leave if the decision is not motivated by the employee's use of FMLA leave.
What are my rights under the FMLA?
Under the FMLA, you have the right to up to 12 weeks of unpaid leave for certain family and medical reasons, job protection, and protection from retaliation.
Can I be fired while on FMLA leave?
You can be fired while on FMLA leave, but your employer must be able to demonstrate that the decision to terminate was not motivated by your use of FMLA leave.
Do I still get benefits while on FMLA leave?
Yes, you are entitled to continue your group health plan coverage during your FMLA leave, and your employer must maintain your coverage as if you were still working.
How do I file a complaint if I'm laid off while on FMLA leave?
You can file a complaint with the U.S. Department of Labor or consult with an employment law attorney to determine your rights and options under the FMLA and other applicable laws.
Can my employer deny me job restoration after FMLA leave?
Your employer may be able to deny you job restoration if you are a key employee and the employer can demonstrate that the restoration would cause substantial and grievous economic injury to the employer's operations.