Can an employee be terminated after exhausting FMLA?
Asked by: Rolando Bogan | Last update: September 23, 2025Score: 4.2/5 (53 votes)
Once you have exhausted your FMLA leave, your job protection under FMLA no longer applies. Employers may choose to extend job-protected leave or offer alternatives, but it is not guaranteed. Check your employer's policies or consult with HR for specific options.
What happens when your FMLA is exhausted?
When employees exhaust twelve weeks of FMLA leave and still cannot return to work due to their own medical impairment, the employer may have an obligation under the ADA to grant additional unpaid leave as a reasonable accommodation, in some situations.
Can an employer terminate after FMLA?
Your employer has legal authority to terminate your employment during and after you take FMLA leave. For example, if your employer must reduce its workforce (commonly called a Reduction in Force or “RIF”), your employer can lay you off so long as they do not do so, specifically because you took FMLA leave.
Can you fire someone on intermittent FMLA?
8: Can we fire an employee using intermittent leave? Obviously, workers can't be fired for taking FMLA leave. But employers can lay off, discipline and terminate employees who violate company policies or perform poorly – even if they're on FMLA leave.
Can you be fired after submitting FMLA paperwork?
But the FMLA doesn't provide absolute job protection. In certain circumstances, employers can legally terminate employees on FMLA leave. If the reason for firing or laying off is unrelated to the unpaid leave, your employment can be terminated.
What options does an employee have after exhausting FMLA leave?
Can you take disciplinary action against an employee out on FMLA?
Courts have generally found that an employee out on FMLA leave isn't immune from discipline for misconduct discovered during leave.
Can you collect unemployment if you are fired after FMLA?
Is There Eligibility to Received Unemployment Compensation if Employment Is Terminated While the Employee Is Disabled? No. To be eligible to receive unemployment compensation benefits, a terminated employee is required to certify their ability to work.
What is considered FMLA abuse?
FMLA abuse occurs when employees take leave under the Family and Medical Leave Act outside its intended purpose. Examples of FMLA violations include using it for non-medical situations or using more leave than is justified.
Can you be fired while FMLA is pending?
The employer is allowed to terminate an employee on FMLA, or with FMLA approval pending, if they have a reason unrelated to the FMLA for so doing. I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.
What is considered FMLA retaliation?
Understanding FMLA Retaliation in California
FMLA retaliation occurs when an employer takes negative action against an employee because they used or tried to use their FMLA leave rights. This can include being fired, demoted, losing a promotion, having pay reduced, or even being given a less desirable job.
Can you get ADA after FMLA is exhausted?
Workers who have used up FMLA leave can still have rights under the ADA if they meet the ADA definition of a person with a disability. Accommodation is one such right.
What happens if you take FMLA and then quit?
In either case, your FMLA protections, including continuing health care coverage, will end when you separate from your employer. Also, if you qualify for Paid Family Medical Leave (PFML) under the laws in your state, you will likely lose those benefits as well.
What is the letter for FMLA exhaustion?
An exhaustion letter should be formal, respectful, and clearly worded. Important components of a clear and compliant FMLA exhaustion letter are: Acknowledgement of Leave Exhaustion: Clearly state that the employee has used their entire FMLA leave entitlement and note the date that the leave expired.
Can a company lay you off after FMLA?
However, FMLA leave does not provide absolute protection against layoffs. If an employee would have been laid off regardless of their FMLA leave, the employer is still legally allowed to proceed with the layoff. However, the burden of proving this is on the employer.
How long is a job protected after FMLA?
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
Can I take FMLA for exhaustion?
Taking FMLA for Stress and Burnout
In order to qualify, they must show that they have a “serious health condition”. Mental health conditions are considered serious if they require inpatient care or continuing treatment from a healthcare provider.
Does FMLA protect you from being fired?
You can't be fired while on protected FMLA leave. However, if you don't meet any of the conditions above or are unable to return to work after the 12-week period, your employer can lawfully terminate you.
What happens when FMLA runs out?
Once you have exhausted your FMLA leave, your job protection under FMLA no longer applies. Employers may choose to extend job-protected leave or offer alternatives, but it is not guaranteed. Check your employer's policies or consult with HR for specific options.
Can you discipline an employee on intermittent FMLA?
An employer is prohibited from interfering with, restraining, or denying the exercise of, or the attempt to exercise, any FMLA right. An employer is prohibited from discriminating or retaliating against an employee or prospective employee for having exercised or attempted to exercise any FMLA right.
What are the damages for FMLA?
Those damages include back wages, also reinstatement to your prior position. If reinstatement is not a feasible remedy, you may be awarded front wages, and an additional category of damages under the FMLA is liquidated damages, which automatically double the amount of damages that you are entitled to.
Can you be fired if FMLA is denied?
However, your employer might also retaliate against you for requesting FMLA by, for example, reducing your hours or pay or demoting you. However, just because you are terminated shortly after your FMLA request is denied does not mean your employer has retaliated against you.
Can FMLA be investigated?
Bottom line on termination for FMLA leave abuse
Suppose an employer cannot find evidence of an employee's abuse of leave on its own; it could call in a professional investigator for investigation of the suspected leave abuse (an employer cannot simply rely on employees/co-workers).
Can HR fire you without manager approval?
HR gets its power from the top. They are endowed by the company president (or whoever is in charge.) So, if HR can fire employees against the will of the employees' managers, that power comes from the president or CEO, and that can be revoked. In other words, HR only has the final say when the CEO grants it.
Can you go on disability after FMLA?
Generally, it's best to take FMLA and disability consecutively. Go on leave for the 12 job-protected weeks the act gives you. If, during that period, you realize you can't return to work, leave your job and then apply for disability.
What is the law on firing an employee?
1. California Labor and Employment Law
California is generally an “at-will” state, meaning either the employer or employee can terminate the employment at any time for any reason or no reason.