You Can Be Laid Off While On FMLA
Dealing with personal health problems can be very stressful, especially when your performance at your job is at stake. The Family and Medical Leave Act (FMLA) is a federal law that grants certain employees up to 12 work-weeks’ worth of unpaid leaves every year without the employees having to worry about losing their jobs.
The Family and Medical Leave Act (FMLA) is a federal law that grants certain employees up to 12 work-weeks’ worth of unpaid leaves every year without the employees having to worry about losing their jobs. Click To Tweet
Everything about the FMLA is a little complicated, as even the most qualified HR managers fear making decisions at the workplace that could put them at the risk of violating the FMLA.Can Employees Be Laid Off During FMLA Leaves?
Contrary to popular belief, it is not illegal for employers to lay off employees during their FMLA leaves. However, this is only 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.
Few More Things You Need To Know About the FMLA
- The Length of Leaves Under FMLA
- Only Certain Circumstances Make An Employee Eligible for FMLA
- 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 Employees Are Eligible For FMLA
- An Employer Has The Right To Demand Proof
- Employers Can Change Your Job Role Upon Return