Employees On FMLA Leave Can Be Fired
Termination
Welcome to Berggren & Turturice, your trusted source for legal information and guidance. In this article, we will discuss the important topic of employees on FMLA leave and their potential for termination.
Understanding FMLA Leave
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. This federal law aims to balance the needs of employees with the legitimate interests of employers.
The Myth of Absolute Job Security
Contrary to popular belief, employees on FMLA leave do not enjoy absolute job security. While the FMLA guarantees the preservation of health benefits and the right to return to the same or an equivalent position, it does not shield employees from termination under certain circumstances.
Valid Reasons for Termination
Employers can terminate an employee on FMLA leave if the reasons for termination are unrelated to their use of FMLA leave. It is crucial to understand that the FMLA does not provide automatic protection against all forms of employment actions.
1. Performance and Misconduct
If an employee on FMLA leave is consistently underperforming, engaging in misconduct, or violating company policies, termination may be justifiable. Employers must demonstrate a valid, non-discriminatory reason for the termination and follow applicable legal procedures.
2. Reductions in Workforce
In situations where a company needs to downsize or restructure its workforce, employees on FMLA leave may be subject to layoffs or termination. The decision should be based on legitimate business reasons and not influenced by their FMLA leave status.
3. Expiry of Leave Entitlement
Once an employee exhausts their FMLA leave entitlement, the employer can terminate their employment if they are unable to return to work due to their health condition or other legitimate reasons. However, employers must engage in an interactive process to explore any reasonable accommodations or alternatives to termination.
Legal Responsibilities of Employers
Employers have legal obligations when it comes to handling employees on FMLA leave. They need to clearly communicate the terms and conditions of FMLA leave, including the potential consequences of certain actions taken during the leave period.
Consulting an Employment Attorney
If you are an employee on FMLA leave facing potential termination or an employer dealing with sensitive employment matters during FMLA leave, it is advisable to consult an experienced employment attorney. At Berggren & Turturice, our expert attorneys specialize in employment law and can provide you with comprehensive advice and guidance.
Conclusion
Employees on FMLA leave can be terminated under specific circumstances, such as performance or misconduct issues, workforce reductions, or the expiry of leave entitlement. It is essential for both employers and employees to understand their rights and responsibilities under the FMLA. For accurate and reliable legal guidance, trust Berggren & Turturice, the leading experts in Law and Government - Legal matters.
