Question: Can You Be Fired While On FMLA Leave?

How long after FMLA can you be fired?

Your employer may not terminate you if you are on FMLA leave as long as you don’t go over 12 weeks of FMLA leave per year.

When you return from FMLA leave, your employer must employ you in your former position or one that is substantially similar..

What happens if I can’t return to work after FMLA?

Just because an employee cannot return to work at the end of an exhausted FMLA leave does not mean you can always terminate the employee. Instead, you have an obligation under the ADA to explore, through the interactive process, reasonable accommodations such as temporary light duty or an unpaid leave of absence.

Can you be fired while on leave of absence?

Can You Get Fired for Taking a Leave of Absence? Employees may need time off from work because of health and family concerns. The time period during which the employee is off from work is known as a leave of absence. The law may prohibit an employer from terminating an employee for taking a leave of absence.

What to do when FMLA leave is exhausted?

APPROPRIATE STEPS WHEN EMPLOYEES HAVE EXHAUSTED FMLA LEAVEEmployee Wants to Return to Work. … Employee Wants to Return to Work – With Restrictions. … Employee Needs More Time Off. … Communication With the Employee is Key.

Does FMLA guarantee your job?

The FMLA guarantees that at the end of the leave you will be given the same job you left or another job equivalent in pay, benefits, and other terms and conditions. During the leave, the employer is required to maintain your health insurance benefits if it would have if you hadn’t taken leave.

How do I extend my FMLA leave?

There is no formal provision in the FMLA for extended leave beyond 12 weeks. However, it is possible for workers to negotiate an extension on a case-by-case basis by discussing their situation with their employer and requesting additional unpaid leave during a family or medical crisis.

Can you terminate an employee after 12 weeks of FMLA?

An employee may lawfully be terminated from employment while on leave if his leave period extends beyond the 12 weeks protected by FMLA. Although the employer may not otherwise terminate the employee for use of the protected FMLA leave, the employee may be terminated for taking any unprotected leave.

Can you be fired when you return from FMLA?

Generally, an employee is entitled to return to his or her job at the end of leave under the Family and Medical Leave Act (FMLA), and employers are prohibited from retaliating against an employee for taking FMLA leave.

What happens if I need more than 12 weeks of FMLA?

Reasonable Accommodation and Undue Hardship If you need FMLA for longer than 12 weeks, it is usually considered reasonable for an employer to provide a few days to a week of extra time. Allowing an employee to take an extra month or longer, however, could potentially be argued as an undue hardship.

What happens when FMLA leave is exhausted?

When employees exhaust their leave under the Family and Medical Leave Act (FMLA), they may want to return to work or take additional leave. … Under the policy, employers may require workers to provide certification from their health care provider stating that they are able to resume work.

Can you come back from FMLA early?

You will need to inform your employer if your need for FMLA leave changes while you are out (for example, if your doctor determines that you can return to work earlier than expected). Your employer may also require you to provide periodic updates on your status and your intent to return to work.

Do you have to return to work after FMLA?

No. If your serious health condition requires you to stop working altogether, you cannot be forced to return. … On the other hand, your employer may require you to repay the employer’s share of your health insurance premium paid during your FMLA leave if you do not return to work.