Can the employer terminate my employment while I am on family leave?
Can the employer terminate my employment while I am on family leave? (taking care of a new born child)
If yes, can this termination take effect during the leave or does the employer have to wait until the end of the family leave i.e. take the decision while I'm on leave but make the effective date after the leave is over.
Answers (1)
Can the employer terminate my employment while I am on family leave?
The short answer is probably not. If you qualify for FMLA leave then the employer has to preserve your position as it was for the appropriate leave period. You raise two issues. It is a violation of the FMLA if the employer fails to bring you back to your job when you return from FMLA leave (unless there is a bona fide reason that the job no longer exists, such as a company going our of business). It is also a violation of the anti-retailation provisions of the FMLA for the employer to terminate you after you return from leave in retaliation for your having taken the leave. More information would be needed to fully answer your question, but it sound like you have an FMLA claim. You should contact our offices or one of the other fine attorneys here at MEL.
Aaron Maduff
posted by Aaron Maduff | Feb 5, 2007 10:06 AM [EST]
The short answer is probably not. If you qualify for FMLA leave then the employer has to preserve your position as it was for the appropriate leave period. You raise two issues. It is a violation of the FMLA if the employer fails to bring you back to your job when you return from FMLA leave (unless there is a bona fide reason that the job no longer exists, such as a company going our of business). It is also a violation of the anti-retailation provisions of the FMLA for the employer to terminate you after you return from leave in retaliation for your having taken the leave. More information would be needed to fully answer your question, but it sound like you have an FMLA claim. You should contact our offices or one of the other fine attorneys here at MEL.
Aaron Maduff
posted by Aaron Maduff | Feb 5, 2007 10:06 AM [EST]
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