InstituteIn Depth (Level 3)Family and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)EnglishAnalysisFocus AreaUSA
Termination
['Family and Medical Leave Act (FMLA)']
- A company may not use FMLA leave as a reason to terminate an employee.
Employers are prohibited from terminating an employee because the employee will take, is taking, or took Family and Medical Leave Act (FMLA) leave. If, however, the reason for a termination is not related to the FMLA leave, the termination may be valid.
The FMLA protections are not absolute. During a reduction-in-force, an employee may be selected for termination, as long as the decision was not based on the employee’s exercising FMLA rights.