Can You Be Fired While on FMLA?

Employment law is confusing, and when people start using acronyms, like FMLA, things can get even more confusing. FMLA, or The Family and Medical Leave Act, is a piece of federal law that gives employees certain protection if they need to leave their job temporarily for certain family or medical reasons. One of the biggest questions people have about it, though, is: "Can you be fired while on FMLA?"

Yes, you can be fired when on FMLA, but you cannot be fired because of FMLA. FMLA is unpaid leave, and when off work because of FMLA, an employer cannot fire, punish, or discriminate against you because you are using an FMLA request. However, an employer can fire an employee for other things while the employee's FMLA leave is in progress.

For workers in Ohio, this is a complicated situation. Legal counsel can help to determine if you have a case of wrongful termination if you were fired when on FMLA. They can also help with questions like can an employer deny fmla?

What Is FMLA, the Federal Family and Medical Leave Act?

FMLA is a federal law that ensures job protection for eligible employees of covered employers for qualifying medical and family reasons. Eligible employees typically can take up to 12 weeks of unpaid leave during a 12-month period.

To be eligible for FMLA, you must have at least 12 months of employment with the employer, 1,250 hours worked within the last 12 months, and your employer must be covered by FMLA laws. To do that, they must have at least 50 employees without 75 miles.

Can an Employer Fire You While You Are on FMLA?

Yes, potentially a person can be fired while on FMLA, but they cannot fire a person because they have used their FMLA coverage.

FMLA only allows someone to take off and guarantees they won't be terminated because they took off. They can, however, be fired due to other legitimate reasons. For more information, top-rated workers comp lawyers in Columbus OH may be able to advise.

When Can an Employer Legally Fire Someone on FMLA?

An employer can fire an employee if that employee is on FMLA leave when the termination is based on another reason that is totally unrelated to the leave.

For instance, if a company is going through a reduction in force, and they eliminate the position the FMLA employee holds, as well as people in equivalent positions, this is a valid reason. An employer can legally terminate people in this case, even if they are on FMLA.

Another valid reason an employee could be terminated while on FMLA is if they have poor performance or documented performance issues that have forced the employer to terminate them. Even if they are on FMLA, and there are legitimate performance issues, the employer can terminate them.

The important question is often whether the employer would have made the same decision if the employee had never requested or taken FMLA leave. If the employee's use of protected leave influenced the decision, the situation may require closer examination.

What If You Are Fired Right After Taking FMLA?

The timing of a termination can be important, but timing alone does not prove that an employer violated the FMLA.

A termination shortly after an employee requests leave may raise questions about the employer's motive. Other evidence can be more significant, such as statements made by supervisors, changes in the employee's treatment after requesting leave, inconsistent explanations for the termination, or disciplinary action that was not previously applied.

For example, if an employee has a strong performance history and is suddenly threatened with termination immediately after requesting FMLA leave, the circumstances may deserve further review.

On the other hand, if the employer can document that the employee was already subject to a legitimate disciplinary process before requesting leave, the timing may have a different explanation.

Can FMLA Leave Count Against Attendance?

Generally, properly protected FMLA leave cannot simply be treated as an unexcused absence under an attendance policy.

The Department of Labor specifically identifies counting FMLA leave against an employee under a points-based attendance policy as a prohibited practice. An employer cannot use protected FMLA leave as a negative factor in employment decisions.

That does not mean every absence related to a medical condition automatically receives FMLA protection. Employees generally must meet the eligibility requirements, have a qualifying reason for leave, and follow applicable notice and certification requirements.

If an employer claims that an absence was not protected, the details of the employee's leave request and communications with the employer may matter. Employers can have notice and certification requirements under the FMLA.

What Happens When FMLA Leave Runs Out?

FMLA provides a defined amount of protected leave. Once an employee has exhausted that entitlement, the FMLA itself generally does not require unlimited additional leave.

However, other laws may provide additional protections. Depending on the circumstances, the Americans with Disabilities Act (ADA), state law, an employment agreement, or employer policies may apply. An employee with a qualifying disability may also have rights involving reasonable accommodation.

The correct analysis depends on the employee's circumstances and the laws that apply.

Can You Be Fired While on FMLA for a Workplace Injury?

For an Ohio employee, an FMLA issue may overlap with a workers' compensation claim when the employee's leave is related to a workplace injury.

Workers' compensation and FMLA are different legal protections. Workers' compensation addresses qualifying injuries and occupational conditions arising from employment, while FMLA provides job-protected leave for qualifying family and medical reasons.

An employee may potentially have rights under both systems. For example, an employee injured at work might receive workers' compensation benefits while also using FMLA leave for a qualifying serious health condition.

The interaction between the two can be complicated. An employer's actions should be examined in light of the employee's injury, workers' compensation claim, FMLA leave, medical restrictions, and employment history.

What If You Are Fired After Filing a Workers' Compensation Claim?

Ohio law separately protects employees from certain retaliation related to workers' compensation claims.

Ohio Revised Code Section 4123.90 provides that an employer may not discharge, demote, reassign, or take punitive action against an employee because the employee filed a workers' compensation claim or instituted, pursued, or testified in proceedings under Ohio's workers' compensation laws.

The statute also establishes specific requirements and deadlines for a retaliation action. It states that an employee must provide written notice of the claimed violation within 90 days after the discharge, demotion, reassignment, or punitive action, and the court action generally must be filed within 180 days.

These deadlines are separate from FMLA requirements, which is one reason an Ohio worker should not assume that every workplace retaliation issue is simply an FMLA matter.

What Are Signs That a Firing May Be Illegal?

No single fact automatically proves unlawful retaliation or interference, but certain circumstances may warrant a closer look. These can include negative comments about your leave, discipline for approved FMLA absences, a changing explanation for termination, sudden disciplinary action after requesting leave, different treatment from other employees, or termination shortly after a workplace injury or workers' compensation claim.

Evidence is particularly important. Emails, text messages, attendance records, performance reviews, leave paperwork, medical documentation, disciplinary notices, and termination documents may help establish what happened.

What Should You Do If You Are Fired While on FMLA?

If you believe you were fired because you took or requested FMLA leave, preserve your employment records as soon as possible.

Keep copies of your FMLA paperwork, medical certification, emails with human resources, messages from supervisors, attendance records, performance evaluations, disciplinary documents, and termination paperwork. If your employer explained the reason for your termination verbally, write down what was said while the conversation is still fresh.

If your leave was connected to a workplace injury, also keep records related to your workers' compensation claim, medical treatment, work restrictions, and communications with the employer or insurance administrator.

Avoid deleting messages or other records simply because they seem unimportant. Small details can sometimes provide useful context about why an employment decision was made.

Can You Sue If You Were Fired for Taking FMLA?

Potentially. The FMLA allows eligible employees to pursue remedies when an employer violates their FMLA rights, and the U.S. Department of Labor explains that employees may file a complaint with the Wage and Hour Division or, in appropriate circumstances, bring a private lawsuit.

The available remedies depend on the facts and applicable law. An attorney can evaluate whether the situation appears to involve FMLA interference, retaliation, workers' compensation retaliation, disability discrimination, or another employment issue.

Because different laws can have different filing requirements and deadlines, getting legal advice promptly can be important.

Talk to an Ohio Workers' Compensation Attorney

Being fired while on FMLA leave does not automatically mean your employer broke the law. But an employer also cannot use protected FMLA leave as a reason to punish or terminate an employee.

For Ohio workers, the situation can be especially important when FMLA leave is connected to a workplace injury or workers' compensation claim. The facts surrounding your injury, leave, medical restrictions, employment history, and termination may all matter.

If you were fired while on FMLA or after taking leave related to a workplace injury, Larrimer & Larrimer can help you understand what protections may apply and what legal options may be available.