Can an employer terminate you after your 12 week FLMA?

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Can an employer terminate you after your 12 week FLMA?

The doctor still has you off for an additional 4 weeks; your on a S.T.D.

Asked on October 23, 2010 under Employment Labor Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

An employer cannot deny or restrict your rights under the Family Medical Leave Act ("FMLA").  This means that it cannot take any negative action against you while you are on leave or upon your return.  If you have been terminated or discriminated against while exercising your rights under the FMLA, you can file a complaint with your state's department of labor, and you can consult with an attorney about further legal action.

However, while you are protected from being fired for being absent, FMLA does not protect you from being fired for reasons that are separate and apart from your leave.  If you would have been fired anyway, whether or not you were on FMLA, you can be fired while on FMLA. Some employers choose to wait until the FMLA time is up before notifying you of the termination but that is company policy, not the law.


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