The Family and Medical Leave Act (FMLA) exists to help workers balance their personal obligations with their careers. Those who have held their jobs for a year or longer and work for sufficiently large companies may be eligible for unpaid FMLA leave when they have medical challenges, welcome a child to their family or need to support a family member experiencing medical issues.
Eligible workers can typically take up to 12 weeks of unpaid leave under the FMLA and return to their job without any issues. However, any employees are reticent to make use of that right. They worry about losing their jobs. Can employers fire workers requesting unpaid FMLA leave?
The law prohibits retaliation
The FMLA would not do much to benefit employees if companies could demote, fire or otherwise punish them for taking leave. The law makes it clear that businesses cannot penalize workers when they request leave or when they return from leave. Workers who take leave should be able to return to the same job with the same pay or a comparable position that offers similar compensation.
Unfortunately, employers may still try to cut a worker’s wages, reduce their hours, move them to a less prestigious position or terminate them after they take FMLA leave. In those scenarios, workers may have grounds to take legal action against their employers.
Keeping copies of communications about FMLA leave and reviewing the case with the right attorney can help workers fight back. Successful FMLA litigation can result in financial compensation for the affected worker or even reinstatement to their position if they were fired or demoted.