Can my employer discipline me for using FMLA?
Asked by: Brendan Connelly DVM | Last update: May 20, 2025Score: 4.1/5 (62 votes)
An employer cannot threaten, discriminate against, punish, suspend, or fire an employee because they requested or used FMLA leave.
Can an employer discipline you for using 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 examples of FMLA discrimination?
Examples of FMLA discrimination include: Attempting to dissuade an employee from taking FMLA leave. Refusing to authorize an eligible employee's request for FMLA leave.
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 FMLA be held against you?
In California, this law ensures that workers can take up to 12 weeks of unpaid leave while keeping their job and health insurance benefits. However, not all employers respect these rights, and some might retaliate against employees for using FMLA leave. Proving retaliation can be challenging, but it is possible.
What Employees Can and Cannot Do During FMLA Leave
Can an employer retaliate for using FMLA?
Section 105 of the FMLA prohibits retaliation. Employers cannot interfere with, restrain, or deny a person the right to exercise or attempt to exercise any FMLA right. Employers cannot discharge or discriminate against any person for opposing or complaining about an unlawful practice under the FMLA.
Does FMLA protect you from being fired?
The law prohibits employers from firing employees in retaliation for exercising their rights to use FMLA-protected leave. The law not only protects your job while you are on leave, but it also protects your job when you return to work.
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 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 take FMLA for stress and anxiety?
LEAVE FOR MENTAL HEALTH CONDITIONS UNDER THE FMLA
An eligible employee may take FMLA leave for their own serious health condition, or to care for a spouse, child, or parent because of a serious health condition. A serious health condition can include a mental health condition.
What makes a strong retaliation case?
What Makes a Strong Retaliation Case? A strong retaliation case has clear evidence linking an employee's protected action, like reporting harassment, to an adverse reaction from the employer. Demonstrating this connection can lead to a successful retaliation settlement.
Is FMLA a burden on employers?
FMLA is a complex law with many rules and qualifications, and the burden is on businesses to ensure they're providing the benefits to which their employees are entitled.
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 your manager question you about FMLA?
In all cases, the employer may ask additional questions to determine if the leave is FMLA-qualifying. Generally, an employee must give at least 30 days advance notice of the need to take FMLA leave when he or she knows about the need for the leave in advance and it is possible and practical to do so.
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.
Can my employer replace me while on medical leave?
Under most circumstances, replacing an employee while he or she is on FMLA leave, is a violation of the Family and Medical Leave Act. Nevertheless, employers routinely replace employees while they are out, then assert various defenses for their actions.
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.
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.
How to prove FMLA discrimination?
To establish an FMLA retaliation claim based on circumstantial evidence, a plaintiff must show: (1) she availed herself of a protected right under the FMLA; (2) she suffered an adverse employment action; and (3) there was a causal connection between the adverse action and protected activity.
Does FMLA keep 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 because of a medical condition?
California laws protect you when you have a medical condition that impacts your ability to work. The California Fair Employment and Housing Act (FEHA) prohibits employer discrimination based on actual or perceived medical conditions, including firing and other adverse employment actions.
How much unemployment will I get if I make $1000 a week?
California Unemployment Calculator
If you make $1000 per week in California, your estimated weekly benefit is $450 for up to 26 weeks.
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.
How much can you sue for an FMLA violation?
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.
How long after medical leave can you be fired?
FMLA allows you to take up to 12 weeks of unpaid leave, and that you'll still have a job to return to when that time is up. If you refuse to return to work after taking three months off, your employer can, and should, fire your lazy a**.