Can I lose my position while on FMLA?
Asked by: Naomi Bauch | Last update: March 21, 2025Score: 4.9/5 (48 votes)
Does FMLA protect your exact position?
RETURNING TO WORK. After using FMLA leave, an employee must be able to return to their same job or to an "equivalent job." An equivalent job means a job that is virtually identical to the employee's original job in terms of pay, benefits, and other employment terms and conditions.
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.
Can they change your job while on FMLA?
The short answer to your question is yes, an employer can move an employee that has foreseeable FMLA leave to another position temporarily. That being said, there are a lot of conditions that have to be met by the new position, and very often the new position does not meet these conditions.
Can an employer demote you while on FMLA?
Employers are prohibited from demoting or retaliating against employees for taking FMLA leave. The essence of FMLA lies in protecting an employee's job and ensuring they return to the same or an equivalent position upon their return. However, like any legal matter, there are nuances and exceptions.
The One Thing You Should NEVER Do If You Take A Medical Leave
Can FMLA keep you from getting promoted?
Job protection.
Violations of an employee's FMLA rights may include actions such as writing up the employee for missing work when using FMLA leave, denying a promotion because the employee has used FMLA leave, or assessing negative attendance points for FMLA leave use.
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.
How long after FMLA can you be fired?
Legal Boundaries: Can You Be Fired After Taking FMLA? While FMLA provides protections for your job, benefits, and wages while taking protected leave, those protections end after your 12 weeks of leave is up.
Can your employer reach out to you while on FMLA?
It's generally acceptable if your employer reaches out to you to ask a question or clarify an issue while you're away from work. But if you're being pestered constantly or asked to work while out on leave, that may violate the law—as long as you don't voluntarily comply with the demands.
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.
Can you lose your job after FMLA?
Under the FMLA, the employer could terminate the employee's employment; however, under the ADA, the employer must consider whether the employee could perform the job with reasonable accommodation (e.g., additional leave, job restructuring, work schedule modification, etc.).
What is considered FMLA abuse?
FMLA abuse refers to employees who take advantage of their leave entitlements under the Family and Medical Leave Act (FMLA). This can range from employees who request intermittent leave so as to stretch out their leave entitlements to cases of FMLA fraud, in which an employee submits a fraudulent medical certification.
Can an employer eliminate a position?
Position eliminated means the company you work for is removing your role and its responsibilities. Typically when this occurs, employers eliminate your specific position entirely, so they won't hire anyone else to replace you in your role, since it'll be nonexistent.
Can my job lay me off while on FMLA?
CAN EMPLOYEES BE LAID OFF DURING FMLA LEAVES? FMLA leave does not provide immunity from being laid off, though it does give significant protections. In most cases, employees are protected from layoffs, but they are permitted under certain conditions.
Can my job be posted while on FMLA?
By law, they can post your job. This doesn't mean that they can refuse to return you to the job.
Can my employer investigate my FMLA?
You have the right, as an employer, to investigate instances in which you have some sort of honest suspicion that employee is abusing or using FMLA leave fraudulently—particularly intermittent leave.” This honest suspicion standard is really intended to protect the employer against a claim that they are interfering ...
Can you be demoted while on FMLA?
If the Employee Requests Leave, Is She Completely Protected From Termination or Demotion? In most cases, yes, an employee who requests leave under the FMLA is protected from termination or demotion.
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 my employer discipline me for using FMLA?
The FMLA prohibits your employer from interfering with or restraining your right to take FMLA leave. Your employer is prohibited, for example, from sharing or threatening to share information about your health to discourage you or your coworkers from using FMLA leave.
Is it harder to fire someone on FMLA?
Under the Family and Medical Leave Act, employees cannot be fired simply because they are on leave. However, if there is another reason separate from medical leave, an employer does have the right to terminate an employee.
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 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 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.
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.
Is your job safe on FMLA?
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.