Can You Be Laid Off While On FMLA?

Have you ever had to deal with personal health problems and had to consider your job performance before taking action? Illness and injury can be very stressful, especially when your job is at stake. That’s where FMLA can step in to help.

For both employer and employee, everything about the FMLA is a little complicated. In this article, we’ll go over the basics and answer some frequently asked questions about this federal law.

WHAT IS FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that grants certain employees up to 12 work-weeks’ worth of unpaid leave every year without the employees having to worry about losing their jobs. Some of the primary reasons for taking leave are pregnancy or to bond with a new child, whether through birth, adoption, or foster placement.

FMLA coverage is also available to employees who are caring for a family member with a serious medical condition or who have a substantial medical condition themselves. Additionally, proper causes for taking a leave of absence include a qualifying emergency related to eligible active military duty or the necessity of tending to an injured eligible service member.

WHAT ARE THE REQUIREMENTS FOR FMLA?

To be eligible for FMLA leave, an employee must either work for an eligible employer, be employed for 12 months, work 1,250 hours in the previous 12 months, or work at a location with 50 or more employees within 75 miles.

WHAT TYPES OF BUSINESSES DOES THE FMLA APPLY TO?

The FMLA allows employees to take reasonable unpaid leave for family and medical reasons, promoting equal employment opportunities for both men and women and considering the justifiable interests of businesses. It covers all public agencies, schools, and businesses with fifty or more employees.

CAN EMPLOYEES BE LAID OFF DURING FMLA LEAVES?

FMLA leave does not provide immunity from being laid off, though it does give significant protections. In most cases, employees are protected from layoffs, but they are permitted under certain conditions. In essence, a company is allowed to lay off an employee as long as they would have made the same decision had the employee not used their FMLA.

The following are some factors that allow an employer to lay off an employee during their FMLA leave:

• An employer is allowed to lay off an employee due to reasons that are not influenced by the fact that the employee took leaves under the FMLA. “If an employee is laid off during the period of FMLA leave, the employer must be able to show that the employee would not have been employed at the time of reinstatement,” notes the Dept. of Labor.
• An employer can lay off an employee that is salaried and falls under 10% of the highest paid individuals within a 75 miles radius; given that the employer has evidence suggesting that their operations are suffering due to prevalent economic conditions.

The eligibility of FMLA leaves can be pretty murky, but for employers, it can be costly if they violate the laws concerning FMLA leave. As you get to know more about FMLA, you’ll be able to parse out what situations you may end up in that are eligible for FMLA leave.

A FEW MORE THINGS YOU NEED TO KNOW ABOUT THE FMLA

While FMLA offers job protection, it doesn’t shield employees from everything. Here are some other things you should know about when it comes to FMLA.

The Length of Leaves Under FMLA

Under the FMLA, employees are allowed to have 12 weeks of leave during a 12-month tenure. All of the leaves are unpaid and can cover emergencies, such as the need for the employee to care for an ill family member.

Only Certain Circumstances Make an Employee Eligible for FMLA

While some employees would prefer being able to take leaves under the FMLA for any family-health related crisis, the law particularly applies in the following situations:

• Serious health condition of self or a family member
• Reasons covering the care for a covered service member or pertaining to certain military deployments
• The birth of a child and the period required to properly bond and care for the child
• Placement of a child with the employee for purposes of adoption or foster care

Not All Employers Are Required to Comply With FMLA

Not all employers are required to be covered under the FMLA; smaller and newer businesses especially. Employers that have held 50 or more employees for a period of more than 20 weeks in the current or the previous year are required to comply with the FMLA.

Not All Employees Are Eligible For FMLA

For employees that have only worked with the company for less than a year and fewer than 1,250 hours in particular, employers are not required to grant those leaves under the FMLA.

An Employer Has the Right To Demand Proof

While the FMLA doesn’t require employees to present a proof of their reason for the leave, employers are granted the right to ask for medical certification from a qualified health care provider. It is important for employers to note, a request for certified proof should not be made after more than five days from when an employee submits a request for the leave.

Employers Can Change Your Job Role Upon Return

The FMLA binds employers to reinstate the job of every employee that seeks days off under the FMLA. However, the FMLA doesn’t restrict employers from changing the job roles and duties of employees. The DOL notes, “Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.”

The FMLA, along with other regulations that govern workforce compliance and safety procedures, are often very difficult to determine. OSHA outreach programs, such as online safety courses, can help you access the information you need to make the right decisions as an employer or an employee.

BOTTOM LINE

The way to use FMLA leave can be unclear, but training can provide employers and employees with expertise that can be used in the specific situations that arise in the daily routine of the workplace. Check out our FMLA training as well as our full catalog of courses for all of your training needs.

FMLA leave is important for workers to know about since it can be the difference between keeping and losing a job. Life can throw many types of curveballs your way, and many workers might miss out on a resource that is ready and available to use. To learn more about FMLA leave, and when it can be used to avoid layoffs, check out our FMLA training. You can also visit our website for our full catalog of workplace safety courses.