Will I get fired if my FMLA is denied?
Asked by: Guy Sipes | Last update: November 9, 2025Score: 4.2/5 (17 votes)
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 happens if an employer denies FMLA?
If you believe that your employer has improperly denied your request for FMLA leave, you may want to consider filing a complaint with the California Labor Commissioner's Office or the U.S. Department of Labor's Wage and Hour Division.
Can my employer fire me if I don't qualify for FMLA?
You can be fired for a reason that exists independently of your FMLA leave. For example, the company was going to close your store anyway and can prove that. They don't have to keep a failing store open just so you have a job to come back to.
Can you be fired after requesting FMLA?
The Family and Medical Leave Act (“FMLA”) is a federal law meant to protect your job while you take time off for this very reason. The law prohibits employers from firing employees in retaliation for exercising their rights to use FMLA-protected leave.
What happens if my leave gets denied?
In that case, it may be best to contact an employment attorney. In the meantime, to avoid additional stress and conflict, you should not tell your boss about your plans to take time off from work even though they have denied the request. An attorney help in; Guidance on your rights.
Family Medical Leave Act: Top 5 Violations
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 a qualifying event for FMLA?
The FMLA protects leave for: The birth of a child or placement of a child with the employee for adoption or foster care, The care for a child, spouse, or parent who has a serious health condition, A serious health condition that makes the employee unable to work, and.
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?
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 an employer take away FMLA?
FMLA leave cannot be tampered with or cancelled without proper notice prior once approved. -All companies within the states are required to adhere to the FMLA standards, and failure to do so can be a huge issue.
What is an example of FMLA abuse?
If an employee's health condition prevents them from performing strenuous physical labor, for example, they may still be able to perform light office duties at a second job. But if their responsibilities at another job are similar to the role they're on leave from, this could indicate employee abuse of FMLA leave.
Can you lose your job if you take a leave of absence?
Some states, such as California, offer more leave protections to employees. California's employee leave law, the California Family Rights Act, is similar to the FMLA. The CFRA also offers employees 12 weeks of unpaid, job-protected leave for qualified family and medical events.
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 fired for abusing FMLA?
Abusing FMLA leave: Employees who misuse or abuse FMLA leave, such as taking leave for reasons that do not qualify under the law, may face termination.
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 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 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.
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.
How long after FMLA can you be 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.
Why is FMLA so difficult?
Tracking Intermittent Leave: One of the most pressing challenges with FMLA administration is tracking intermittent leave. These sporadic absences can be difficult to accurately track, especially when done manually. Employees may find it challenging to properly report time off, particularly with unanticipated absences.
Can I lose my position while on FMLA?
Will I lose my job while on leave? No.
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.
What is the 3 day rule for FMLA?
Although the Federal FMLA stipulation is that the employee require at least a three day absence in order to qualify, employers shouldn't rely solely on that rule in determining eligibility. Many States have their own rules and some don't require any particular amount of time off for eligibility.
What excuses can you use FMLA for?
You may take FMLA leave to care for your spouse, child or parent who has a serious health condition, or when you are unable to work because of your own serious health condition. 4) pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).
What happens if an employee is not eligible for FMLA?
So what happens if an employee is not eligible for FMLA leave? Technically, they could be fired for missing too much work, and their employer isn't required to give them their job back or continue to provide them with health benefits.