Is it legal to be laid off while on FMLA?

I was just given my 90 days re deployment notice, (layoff), and was wondering if it legal to lay me off while on FMLA. I have back problems and have some limitations on what I can do but it does adversely affect my job. I re new my FMLA paperwork every year in April. There was another person in my job code that performs the same job functions as I did but he had not been given his notice, yet they are supposedly getting rid of the position altogether. According to my manager she was not aware of this re deployment because it was done at the highest levels of the company, (VP’s).

Asked on August 16, 2012 under Employment Labor Law, Kansas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An employer cannot take negative action against you while you are on leave FMLA (or upon your return from such leave) simply due to excessive absences. However, FMLA does not protect you from being fired for reasons that are unconnected to the leave. If you would have been terminated anyway, you can be fired while on FMLA. So, if you were laid because of other work-related reasons then such an action is legal.

However, if the other employeee in the same position has not been laid off, then i may act as evidence tht you have been singled out. Yet, even if you have been, you would have to prove that it was due to your being on FMLA.

At this point, you may want to review the facts of your case with an employment law attorney in your area.

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