Can I lose my job on FMLA?
Asked by: Scottie Feil | Last update: April 18, 2025Score: 5/5 (48 votes)
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.
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.
Can you lose your job after FMLA?
Yes, you can be fired once your FMLA leave has been exhausted. The FMLA also doesn't offer you any job additional protections as long as the firing isn't discriminatory.
Can an employer eliminate your position while on FMLA?
The point of the Family and Medical Leave Act (FMLA) is to provide workers with job and benefits protections during certain types of unpaid leave. However, protection is not unlimited, and the law does not completely exempt workers from layoffs and terminations—only those directly resulting from the FMLA leave itself.
What is the disadvantage of FMLA?
FMLA leave isn't necessarily paid leave (that's up to your employer, or what you and your co-workers can negotiate in a union contract.) If you are a new employee, work too few hours a year, or your company has too few employees, you might not be eligible.
The One Thing You Should NEVER Do If You Take A Medical Leave
Does FMLA hold your job?
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.
What are damages under the 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.
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 your job be replaced while on FMLA?
While on an intermittent/reduced schedule for FMLA, the employer may transfer the employee temporarily to an alternative position with equivalent pay and benefits that accommodates recurring periods of leave better than the employee's regular job.
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.
Can I lose my job if my FMLA is denied?
It is worth noting that under the FMLA and CFRA, it is illegal for an employer to retaliate against an employee for requesting or taking FMLA leave. Retaliation can include adverse actions such as demotion, termination, or negative performance evaluations.
What can you not do while on FMLA?
It's fine to continue to work while you're on FMLA, as long as you're doing it voluntarily and not because your employer is forcing you. Another thing you can't do is lie to your employer about why you're taking FMLA. That's called fraud – it's going to get you fired.
What is an example of 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 I quit my job while on FMLA?
Can you give two-week notice while on FMLA? Yes, an employee can give appropriate resignation notice at any point during their FMLA leave.
What is considered FMLA harassment?
Whether physical or verbal, FMLA harassment occurs if your employer or another employee intimidates you. Intimidation can happen before, during or after you take FMLA leave. Typically, these threats involve your current job or future with the company.
What is the average settlement for the FMLA lawsuit?
According to Guardian Life and ESIS, the average FMLA lawsuit settlement in California and the rest of the US is roughly $80,000. In more severe cases, settlements can surpass $500,00 and even $1,000,000.
Can my employer fire me for taking FMLA?
The FMLA creates substantive rights for employees and any employer who denies those rights or prevents an employee from exercising those rights violates the FMLA. For example, an employer cannot fire an employee for taking FMLA leave.
Does FMLA pay you?
Although FMLA doesn't offer any paid leave entitlements, many state programs do. The following states either currently offer paid leave or are planning to: California. Colorado (effective 2024)
Can FMLA save your job?
During FMLA/CFRA leave, an employee's job is protected, meaning they must be reinstated to the same or an equivalent position upon their return to work. This protection is crucial as it ensures that employees do not have to choose between their health (or the health of their family members) and their job security.
Is it harder to fire someone on FMLA?
“Job-protected" means your employer can't fire or retaliate against you for taking such leave. But the FMLA doesn't provide absolute job protection. In certain circumstances, employers can legally terminate employees on FMLA leave.
What are the damages for FMLA?
Liquidated damages under the FMLA are equal to the amount you win in lost back and front pay. Emotional Distress and Punitive Damages. Under the FMLA, you cannot recover for your emotional distress caused by a violation of the FMLA.
Can you get in trouble using FMLA?
Can my employer punish me for using FMLA leave? No. Employers are prohibited from discriminating or retaliating against employees for having exercised or attempting to exercise any FMLA right.
Can an employee be terminated after exhausting FMLA?
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 is not covered under FMLA?
Private employers with fewer than 50 employees are not covered by the FMLA, but may be covered by state family and medical leave laws. Government agencies (including local, state and federal employers) and elementary and secondary schools are covered by the FMLA, regardless of the number of employees.
Can an employee be disciplined while on FMLA?
Courts have generally found that an employee out on FMLA leave isn't immune from discipline for misconduct discovered during leave.