Can you get fired from your job. if you take time off and are covered by FMLA??
Answers:
If you take time off under the FMLA, then you can't be fired - and your company must have a position for you that is comparable to what you had prior to taking leave, with comparable pay and hours.
If you feel you were wrongly terminated, contact a lawyer immediately and find out what you can do.
no
You can't get fired because you take FMLA leave in accordance with the rules. But you can't use FMLA leave to escape a firing that was coming because you messed up at work. It's a type of excused leave, not an excuse for not being a good worker when you do work.
No it is against the law to get fired if you are covered under FLMA unless the employer can prove that they are firing for other reasons
No, FMLA gives you the ability to take 12 weeks off of work without being reprimanded.
Yes. I've seen it happen twice. You can not be fired because you are ill, however, they do not have to hold your job open until you return either. You also have the option to reapply for job and they can't use FMLA status against you either, for instance, make you ineligible for rehire.
legally you have 12 weeks under FMLA - they don't have to guarantee your previous job, just a position in the company. if you take more than that and aren't covered by something else (LT disability, etc) they can terminate you.
You MUST adhere to your company's specific policy referring to FMLA. For example, my company requires employees to call 24 hours in advance, not only to their direct supervisor, but the designated FMLA person in HR as well, to inform them they intend on using FMLA. If these procedures are not followed, the absence counts as a regular unexcused absence and not FMLA. Under these guidelines, you may be terminated if it is determined that you have excessive absenteeism.
PLEASE be sure to check with your HR rep to ensure you follow their specific guidelines.. Most companies with 100+ employees have some type of procedure when utilizing FMLA. (I am an attorney specializing in employee relations..)
They can fire you for anything!!
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