Can an employee lose their job because they took FMLA leave?
Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under the Family & Medical Leave Act. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under “no fault” attendance policies. Under limited circumstances, an employer may deny reinstatement to work – but not the use of FMLA leave – to certain highly paid, salaried (“key”) employees.
Related Questions
- Under what circumstances is leave designated as FMLA leave and counted against the employee s total entitlement?
- Are there other circumstances in an employer can deny an employee FMLA leave or job reinstatement?
- What are an employees job protection rights upon return from an unpaid FMLA qualifying leave?
