CanI be fired from my job ifIam on FMLA to care for a parent?

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CanI be fired from my job ifIam on FMLA to care for a parent?

Asked on January 26, 2012 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming that you and your employer are both covered under the Family and Medical Leave Act, then you are allowed to take FMLA leave to care for a parent's serious health condition, and may not be fired simply for doing so. However FMLA leave does not protect you from firing for non-FMLA reasons. So, if you have violated company policy, were insubordinate, excessively absent (other than the FMLA leave), or had legitimate performance issues, etc., or if your unit/department/etc. was being restructued or downsized, you could be terminated for those reasons. FMLA only protects you from being fired due to using FMLA leave.


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