Can I request FMLA due to health issues and not be terminated?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I request FMLA due to health issues and not be terminated?

My employer told me not to come to work on Friday. They stated that there were “performance issues”. I am supposed to meet with them on Monday. I am sure I am facing termination.

Asked on March 3, 2012 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An employee cannot be terminated for using Family and Medical Leave Act Leave; however, FMLA leave is a not a "get of jail free card," so to speak, to avoid termination. It does not prevent an employee from being terminated for valid reasons unconnected to the leave, such as poor performance.

Also:

1) You can't automatically get FMLA leave; you must (i) have an actual, serious-enough health condition; (ii) your employer must have at least 50 employees working within a 75-mile radius; and (iii) you must have worked at least a year, full time.

2) FMLA leave is only for up to 3 months and is unpaid. Even if you were eligible to the take the leave (e.g. were facing hospitalization), all it would, at most, do is to delay termination for a few months without even requiring the employer to pay you during that time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption