Employers may not terminate employees using FMLA leave.
The FMLA provides federal job protection for employees who need to take time off for medical or military service reasons. For medical concerns, the FMLA requires covered employers to provide up to 12 weeks of leave for its eligible employees with unpaid leave for medical care for the employee or the employee's family members. It is unlawful for employers to terminate an employee who is absent for FMLA reasons.
FMLA Service Member Coverage
For employees providing care to injured service members, then the law provides up to 26 weeks of annual leave to care for an injured spouse, child or parent for military caregiver duties. The sustained injury must have occurred during active service, and the injury must be severe enough to render the service member unable to provide self-care.
FMLA Eligibility Requirements and Allowances
Covered employers are those who employ at least 50 employees within a 75-mile area. Eligible employees are employees who have worked for at least one year and for at least 1,250 hours during the previous year. Employers can legally require their employees to exhaust any accrued vacation or sick days prior to taking the unpaid leave.
Continuing Coverage During FMLA Leave
The FMLA requires employers to provide the same health coverage the employee had prior to exercising leave. Employers must continue to provide their employees with any other fringe benefits during the FMLA absence.
FMLA Job Protection and Unlawful Employer Acts
Employers must restore the employee to his original position or to an equivalent job position with the same benefits and pay. Additionally, employers must provide its employees with the same employment benefits and terms upon the employees' return. Legal mandates under the FMLA prohibit employers from terminating employees for exercising their FMLA leave absences. Employers may not deny or interfere with its employees' rights to exercise their FMLA leave rights.
Employee Responsibilities Under FMLA
If an employee intends to exercise FMLA leave and is able to provide notice, then the employee must provide 30 days of advance notice to her employer of the intent to exercise FMLA leave. However, in unforeseeable situations, the employee must provide this notice as soon as practically possible and must comply with its normal absence reporting procedures. Employers must then provide the employee with its decision as to whether the leave is allowed under the FMLA's provisions. If the employer determines the employee is not legally excused from working, then the employer must give the employee the reasons for the determination of ineligibility.
Employee FMLA Rights if Terminated Unlawfully
Employees who are unlawfully terminated have legal recourse by filing a U.S. Department of Labor complaint. Alternatively, employees may seek counsel and choose to bring a private suit against their employers.
Since laws may frequently change, you should not use this information as a substitute for legal advice. Seek advice from an attorney licensed to practice labor law in your jurisdiction.
