Employees On FMLA Leave Can Be Fired

Oct 25, 2017
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.

Leigh Parlier
It is crucial for employees to understand that being on FMLA leave does not guarantee job security. While the Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave, employers still have the right to terminate employees. Stay informed and consult legal guidance if needed. ???
Nov 11, 2023
Brian Shinners
This article provides a straightforward explanation of the potential for termination during FMLA leave. It serves as a valuable resource for employees needing to navigate this process.
Sep 28, 2023
Chris Attewell
The clear presentation of potential termination risks during FMLA leave is an important piece of information for employees. It's crucial for them to understand their rights and protections.
Sep 17, 2023
Gregg Isaac
As someone who works in HR, I find this article very informative. The FMLA can be quite a tricky area to navigate.
Aug 16, 2023
Terrence Oconnor
The clear presentation of the potential for termination during FMLA leave is an important piece of information for employees. Understanding these risks is essential.
Aug 9, 2023
Adam Scorcese
Employees need to be aware of the potential risks of termination during FMLA leave. This article delivers an important message for both employers and employees.
Aug 7, 2023
John Brabson
It's important to carefully consider the implications of potential job termination while on FMLA leave. This article provides useful insight.
Jul 14, 2023
Jabez Abraham
This article provides a valuable overview of the potential for termination during FMLA leave. Employees need to be well-informed about their rights in these situations.
Jun 28, 2023
Mark Zediker
Thanks for the straightforward explanation of potential termination risks during FMLA leave. It's crucial for employees to understand their rights and protections.
Mar 20, 2023
Michael Bernal
The possibility of termination during FMLA leave is a critical issue to address. Employees need to have a clear understanding of their rights in these situations.
Mar 14, 2023
Mike Janz
This article provides a straightforward explanation of the potential for termination during FMLA leave. It serves as a valuable resource for employees needing to navigate this process.
Mar 3, 2023
Tom Miss
This article provides a clear and direct explanation of the potential risk of termination during FMLA leave. It's important for employees to understand their rights.
Mar 3, 2023
Kenny Markanich
Employees need to be aware of the potential risks of termination during FMLA leave. This article delivers an important message for both employers and employees.
Jan 31, 2023
Laura Knight
? This article effectively raises awareness of the potential for termination during FMLA leave. It's an important topic for employees to understand.
Nov 18, 2022
Ronit Gieske
The article's discussion of potential termination risks during FMLA leave is valuable for employees seeking to understand their rights and protections.
Oct 24, 2022
Waqas Ghaffat
The discussion on the possibility of termination during FMLA leave provides important insight for employees navigating this process. It's essential information.
Oct 22, 2022
Breed Marley
This article provides a clear understanding of the potential for termination during FMLA leave. It's important for employees to be informed about these risks.
Oct 9, 2022
Joel Rosenberg
The possibility of termination during FMLA leave is a critical issue to address. Employees need to have a clear understanding of their rights in these situations.
Aug 21, 2022
Heather Tuttle
The discussion about the potential for termination during FMLA leave is a crucial aspect for employees to consider. Thanks for clarifying this matter.
Aug 20, 2022
Daniel Chastain
? This article effectively raises awareness of the potential for termination during FMLA leave. It's an important topic for employees to understand.
Jul 26, 2022
Oscar Kedziorek
The possibility of termination during FMLA leave is a critical issue to address. Employees need to have a clear understanding of their rights in these situations.
Jun 26, 2022
Muhammad Farhan
This is a crucial topic for anyone involved in the workforce. Understanding FMLA rights and responsibilities is essential for both employers and employees.
May 29, 2022
James Winzenz
The topic of potential termination during FMLA leave is an important matter for employees to understand. Thanks for bringing attention to this issue.
May 8, 2022
Denis Lebedev
The topic of potential termination during FMLA leave is an important matter for employees to understand. Thanks for bringing attention to this issue.
May 2, 2022
Omer Izci
The clear presentation of potential termination risks during FMLA leave is an important piece of information for employees. It's crucial for them to understand their rights and protections.
Apr 26, 2022
Ann-Marie Bartels
Employees should take note of the potential risks associated with termination while on FMLA leave. Being informed about these risks is essential.
Apr 19, 2022
Richard Murr
Employees should take note of the potential risks associated with termination while on FMLA leave. Being informed about these risks is essential.
Apr 17, 2022
Patrice Beaufond
The topic of potential termination during FMLA leave is a critical matter for employees to consider. It's crucial to be well-informed about this possibility.
Feb 4, 2022
Ian Owens
The discussion about the potential for termination during FMLA leave is a crucial aspect for employees to consider. Thanks for clarifying this matter.
Jan 29, 2022
Doug Lowry
The discussion about potential termination during FMLA leave is a must-know for employees. Thanks for addressing this important issue.
Dec 3, 2021
Lauren Amrhine
Employees need to be aware of the potential risks of termination during FMLA leave. This article delivers an important message for both employers and employees.
Nov 21, 2021
Rick Hefner
The topic of potential termination during FMLA leave is an important matter for employees to understand. Thanks for bringing attention to this issue.
Nov 18, 2021
Jason Ruoff
?The topic of potential termination during FMLA leave is crucial for both employers and employees. Understanding the risks is key to making informed decisions.
Nov 11, 2021
Sean McDermott
This article simplifies a complex topic. It's important for both employers and employees to have a good understanding of FMLA leave.
Oct 22, 2021
Robert Seyfried
The discussion on the possibility of termination during FMLA leave provides important insight for employees navigating this process. It's essential information.
Sep 20, 2021
Key Concierge
Employees need to be aware of the potential risks of termination during FMLA leave. This article delivers an important message for both employers and employees.
Sep 12, 2021
Elizabeth Maddalone
This is a concerning topic. Employees should be aware of their rights and protections while on FMLA leave.
Aug 3, 2021
Meghan Powers
This article provides valuable information on a topic that can be confusing for both employers and employees. Thank you for breaking it down.
May 5, 2021
Mecca Robbins
FMLA leave can be a complex issue for both employers and employees. It's crucial to know the legal implications.
May 1, 2021
Amanda Reed
The discussion of potential termination during FMLA leave serves as a valuable reminder for employees to be aware of their rights. It's crucial information.
Mar 19, 2021
Karen Stigall
The discussion about the potential for termination during FMLA leave is a crucial aspect for employees to consider. Thanks for clarifying this matter.
Mar 19, 2021
Mdjafarullah Mdjafarullah
I appreciate the clarity on FMLA leave and termination. It's a difficult topic, but this article provides helpful insights.
Mar 13, 2021
Christine Hyder
The discussion on the possibility of termination during FMLA leave provides important insight for employees navigating this process. It's essential information.
Feb 28, 2021
David Lachapelle
Thanks for the straightforward explanation of potential termination risks during FMLA leave. It's crucial for employees to understand their rights and protections.
Feb 19, 2021
David Nix
The article's discussion of potential termination risks during FMLA leave is valuable for employees seeking to understand their rights and protections.
Feb 18, 2021
Mary Dolan
The clear presentation of potential termination risks during FMLA leave is an important piece of information for employees. It's crucial for them to understand their rights and protections.
Jan 23, 2021
Bill English
Employees should take note of the potential risks associated with termination while on FMLA leave. Being informed about these risks is essential.
Dec 27, 2020
Faustino Nunez
This article provides a valuable overview of the potential for termination during FMLA leave. Employees need to be well-informed about their rights in these situations.
Dec 22, 2020
Jonathan Fagerstrom
? This article effectively raises awareness of the potential for termination during FMLA leave. It's an important topic for employees to understand.
Dec 13, 2020
Matheus Barros
The discussion of potential termination during FMLA leave serves as a valuable reminder for employees to be aware of their rights. It's crucial information.
Dec 10, 2020
Beatrice Bernard
The discussion on the possibility of termination during FMLA leave provides important insight for employees navigating this process. It's essential information.
Dec 9, 2020
Thamrong Sittitanangkul
Employees should take note of the potential risks associated with termination while on FMLA leave. Being informed about these risks is essential.
Nov 13, 2020
Aaron Ledbetter
?Informative read! The possibility of termination during FMLA leave is a significant concern for many employees. Being aware of this is crucial.
Nov 9, 2020
JOAQUIN GENER BOSCH
This article provides a straightforward explanation of the potential for termination during FMLA leave. It serves as a valuable resource for employees needing to navigate this process.
Sep 17, 2020
Cha
The discussion of potential termination during FMLA leave serves as a valuable reminder for employees to be aware of their rights. It's crucial information.
Sep 10, 2020
Dan Cook
Understanding the legal aspects of FMLA leave and termination risks is essential for both employers and employees. Thanks for the clear explanation.
Sep 4, 2020
Sharon Cheung
This article provides a clear understanding of the potential for termination during FMLA leave. It's important for employees to be informed about these risks.
Aug 20, 2020
Amy Wesa
Thanks for bringing attention to the issue of potential termination during FMLA leave. Employees need to be aware of their rights in such situations.
Jul 20, 2020
Clarence Rupert
The topic of potential termination during FMLA leave is a critical matter for employees to consider. It's crucial to be well-informed about this possibility.
Jul 18, 2020
Jon Kang
It's important to understand both employer and employee rights when it comes to FMLA leave. This article really breaks it down.
Jul 14, 2020
Yvo Boom
The discussion of potential termination during FMLA leave serves as a valuable reminder for employees to be aware of their rights. It's crucial information.
Jul 6, 2020
Daja Robinson
This article provides a clear understanding of the potential for termination during FMLA leave. It's important for employees to be informed about these risks.
Jun 20, 2020
Donn Johnson
The topic of potential termination during FMLA leave is a critical matter for employees. It's important to be well-informed about this possibility.
May 16, 2020
Ken Newfield
Thanks for addressing the important issue of potential termination during FMLA leave. Employees should be well-informed about their rights in such situations.
May 11, 2020
Bridget Marzette-Bender
Knowing the rights and responsibilities related to FMLA leave is essential for maintaining a fair and balanced workplace. This article helps clarify the issue.
May 9, 2020
Jack Smithson
Thanks for the straightforward explanation of potential termination risks during FMLA leave. It's crucial for employees to understand their rights and protections.
Apr 30, 2020
Warren Bourke
This article provides a valuable overview of the potential for termination during FMLA leave. Employees need to be well-informed about their rights in these situations.
Apr 19, 2020
Ajuwa Kibira
The straightforward explanation of termination risks during FMLA leave is crucial information for both employers and employees. It's important to be well-informed.
Feb 18, 2020
Annette Drygalski
Excellent explanation of the potential for termination during FMLA leave. Employees should be well-informed about their rights and protections.
Dec 9, 2019
Damon Yungbluth
This article provides a clear understanding of the potential for termination during FMLA leave. It's important for employees to be informed about these risks.
Nov 8, 2019
Sara Donegan
This article provides a succinct and direct explanation of the potential for termination during FMLA leave. It's a crucial matter for all employees to grasp.
Nov 8, 2019
Amanda Stang
The clear presentation of potential termination risks during FMLA leave is an important piece of information for employees. It's crucial for them to understand their rights and protections.
Oct 18, 2019
Emmanuel Pacaud
This article provides a valuable overview of the potential for termination during FMLA leave. Employees need to be well-informed about their rights in these situations.
Sep 8, 2019
Tony Mayhew
The discussion about the potential for termination during FMLA leave is a crucial aspect for employees to consider. Thanks for clarifying this matter.
Sep 4, 2019
Elfi Dibella
This article provides a straightforward explanation of the potential for termination during FMLA leave. It serves as a valuable resource for employees needing to navigate this process.
Aug 23, 2019
Jeff Benham
This article provides a straightforward explanation of the potential for termination during FMLA leave. It serves as a valuable resource for employees needing to navigate this process.
Aug 12, 2019
Sepandad Naraghi
? This article effectively raises awareness of the potential for termination during FMLA leave. It's an important topic for employees to understand.
Aug 8, 2019
Ryan Vickerman
Employees should take note of the potential risks associated with termination while on FMLA leave. Being informed about these risks is essential.
Jul 25, 2019
Tish Rackley
Thanks for addressing the important issue of potential termination during FMLA leave. Employees should be well-informed about their rights in such situations.
Jun 27, 2019
Jodie Metsos
The possibility of termination during FMLA leave is a critical issue to address. Employees need to have a clear understanding of their rights in these situations.
Jun 7, 2019
Ada Gomez
Employees should take note of the potential for termination while on FMLA leave. Being aware of these risks is vital for protecting their employment.
May 28, 2019
Eduardo Juarez
The article's discussion of potential termination risks during FMLA leave is valuable for employees seeking to understand their rights and protections.
Apr 29, 2019
Patrick Woodward
Employees need to have a clear understanding of the risks associated with termination while on FMLA leave. Thanks for providing this information.
Apr 18, 2019
Harleen Bsc
The discussion on the possibility of termination during FMLA leave provides important insight for employees navigating this process. It's essential information.
Apr 18, 2019
Bobbi R
This article provides a valuable overview of the potential for termination during FMLA leave. Employees need to be well-informed about their rights in these situations.
Apr 6, 2019
Mitchell Gibbs
The article effectively outlines the potential risks employees face while on FMLA leave. It's important to understand these implications.
Feb 16, 2019
Alexander Balva
I appreciate the clear explanation of the potential risks employees face while on FMLA leave. It's important to be informed.
Feb 7, 2019
Usha Agarwal
? Thanks for shedding light on this issue. It's crucial for both employers and employees to understand the implications of FMLA leave.
Dec 30, 2018
Douglas Stefano
This article opens up a discussion about the possibility of termination during FMLA leave. It's a critical aspect for employees to consider.
Oct 23, 2018
Brian Taliesin
This article provides a clear understanding of the potential for termination during FMLA leave. It's important for employees to be informed about these risks.
Oct 18, 2018
Scott Hesseltine
The discussion about the potential for termination during FMLA leave is a crucial aspect for employees to consider. Thanks for clarifying this matter.
Sep 29, 2018
John Eisenhauer
The topic of potential termination during FMLA leave is a critical matter for employees to consider. It's crucial to be well-informed about this possibility.
Sep 20, 2018
Pravin Patel
The topic of potential termination during FMLA leave is a critical matter for employees to consider. It's crucial to be well-informed about this possibility.
Sep 18, 2018
Gandalf's Smoke Shop
The article's discussion of potential termination risks during FMLA leave is valuable for employees seeking to understand their rights and protections.
Aug 26, 2018
Gregg Nickerson
Employees need to be aware of the potential risks of termination during FMLA leave. This article delivers an important message for both employers and employees.
Aug 13, 2018
Martine Loubeau
Thanks for addressing the important issue of potential termination during FMLA leave. Employees should be well-informed about their rights in such situations.
Aug 7, 2018
Martin Harris
Thanks for addressing the important issue of potential termination during FMLA leave. Employees should be well-informed about their rights in such situations.
Jul 18, 2018
Cecelia Conroy
Thanks for the straightforward explanation of potential termination risks during FMLA leave. It's crucial for employees to understand their rights and protections.
Jun 29, 2018
Barry Wilson
The clear presentation of potential termination risks during FMLA leave is an important piece of information for employees. It's crucial for them to understand their rights and protections.
Jun 28, 2018
Caro Luis
This article delivers a direct and informative overview of the topic, shedding light on the potential for termination during FMLA leave. It's an important read for employees.
Jun 4, 2018
George Hrenko
The transparency in discussing the possibility of termination during FMLA leave is valuable. Employers and employees alike can benefit from this information.
May 26, 2018
Greg Prevatt
The topic of potential termination during FMLA leave is an important matter for employees to understand. Thanks for bringing attention to this issue.
May 19, 2018
Hamed Mousa
Thanks for addressing the important issue of potential termination during FMLA leave. Employees should be well-informed about their rights in such situations.
May 4, 2018
Scott Sheinberg
The discussion of potential termination during FMLA leave serves as a valuable reminder for employees to be aware of their rights. It's crucial information.
Apr 26, 2018
Romolo Lerza
The issue of potential termination during FMLA leave is a serious matter. Employees need to be well-informed about their rights and protections.
Apr 3, 2018
Maureen Etheridge
The FMLA can be a lifesaver for employees, but it's equally important for employers to understand their rights and obligations.
Feb 19, 2018
Barbara Rooney
It's a tough topic, but it's necessary to understand the rules and regulations surrounding FMLA leave.
Feb 9, 2018
Egor Morenis
The article's discussion of potential termination risks during FMLA leave is valuable for employees seeking to understand their rights and protections.
Feb 7, 2018
Digimaq Multimarcas
Thanks for the straightforward explanation of potential termination risks during FMLA leave. It's crucial for employees to understand their rights and protections.
Jan 22, 2018
Jan Nel
The information provided here about the potential for termination during FMLA leave is valuable for employees navigating this process.
Jan 4, 2018
Vee Apinchapong
? This article effectively raises awareness of the potential for termination during FMLA leave. It's an important topic for employees to understand.
Dec 2, 2017
Laura Laura
The possibility of termination during FMLA leave is a critical issue to address. Employees need to have a clear understanding of their rights in these situations.
Dec 1, 2017
Kinross Gold Corporation
The topic of potential termination during FMLA leave is an important matter for employees to understand. Thanks for bringing attention to this issue.
Nov 13, 2017
More posts