Can You Be Fired for Taking Family Medical Leave?
The Family Medical Leave Act, or FMLA, allows employees to take unpaid time off from work for qualified medical reasons, from childbirth to a surgery. Each year, an employee is entitled to 12 weeks of FMLA leave, but there are instances in which an employee can be terminated while on FMLA. If you have been fired while on FMLA leave, were you the victim of wrongful termination or did your employer have the right to end your employment? The best way to know for sure is to contact a wrongful termination attorney in San Jose, CA, who can review your case. Here is a look at what you need to know.
It is unlawful for an employer to fire someone for taking FMLA, unless they do not follow the proper protocol for taking leave or they take leave for an ineligible reason. You may also be fired while on FMLA if your employer can demonstrate that your termination was already planned before your leave or if he or she can prove that you had significant, documented performance and absenteeism issues before your leave. If you are terminated, allow a wrongful termination attorney to examine your case and determine if you should pursue legal options.