Can I Be Fired While on FMLA Leave?
FMLA Protection · What the Law Says · What to Do If It Happened
You cannot be fired FOR taking FMLA leave — that is illegal FMLA interference or retaliation under federal law. However, you can be fired while on FMLA leave for a legitimate, non-leave-related reason (such as a layoff that would have occurred regardless). The employer has the burden of proving the termination had nothing to do with the FMLA leave. Suspicious timing — being fired during or immediately after FMLA leave — is powerful evidence of illegal motivation.
Written & Reviewed By
Jonathan M. Rhodes
Attorney at Law — The Rhodes Law Firm
Practice Areas: Employment Law — FMLA Claims · Last Updated:
Serving: Orleans Parish, Jefferson Parish, St. Charles Parish, Louisiana
The Key Question: Was the Firing Causally Connected to the Leave?
The legal analysis in an FMLA termination case centers on causation: was the FMLA leave a motivating factor in the termination? Courts examine:
Timing
How close in time was the termination to the FMLA leave request or return? Days or weeks after return creates a strong inference.
Pretext
Is the stated reason for termination legitimate, or was it fabricated? Were performance issues manufactured after the FMLA request?
Comparators
Were similarly situated employees who did not take FMLA leave treated differently?
Pattern
Has the employer shown a pattern of adverse actions against employees who take FMLA leave?
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Jonathan M. Rhodes can evaluate whether your termination was connected to your FMLA leave. Free, confidential consultation. No EEOC filing required.
FMLA Termination Questions — FAQ
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