Can You Be Fired for Taking Family or Medical Leave?

The Family and Medical Leave Act (FMLA) is a federal law that entitles eligible employees to take job-protected leave when they need time off from work to take care of themselves or their loved ones. While the FMLA does not protect all employees, many employees are covered—and, if you are covered under the FMLA, your employer cannot retaliate against you for exercising your legal rights.

This means that you cannot legally be fired for taking leave under the FMLA. If your employer fires you illegally after you request (or take) family or medical leave, you can (and should) hire a lawyer to help you seek the remedies you deserve.

Are You Covered Under the FMLA?

If you have questions about your right to take family or medical leave, one of the first things you need to figure out is whether you are covered under the FMLA. As the U.S. Department of Labor (DOL) explains:

“Employees are eligible if they work for a covered employer for at least 12 months, have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and work at a location where the employer has at least 50 employees within 75 miles.”

If you meet these basic requirements, then you should be covered. Under the FMLA, eligible employees can take up to 12 weeks of job-protected leave (in most cases), and their employers cannot retaliate against them for exercising their statutory rights.

When Can You Take Family or Medical Leave?

Importantly, to be protected under the FMLA, you must be taking leave for a qualifying family or medical reason. These reasons include:

• You have a serious health condition that prevents you from working (or you need to care for a loved one who has a serious health condition)
• The birth of a child
• Adopting or fostering a child
• A family member’s foreign deployment with the military
• Caring for a military servicemember or veteran who has a qualifying serious injury or illness

Before requesting FMLA leave, you will want to make sure that your reason for seeking leave qualifies under the statute. If your reason doesn’t qualify, you will need to explore the other options you may have available.

What if Your Employer Illegally Fires You for Taking Family or Medical Leave?

While you cannot legally be fired for taking qualifying family or medical leave under the FMLA, employers don’t always follow the law. If your employer fires you in violation of the FMLA, you will have clear legal rights. Depending on your individual circumstances, an experienced Philadelphia FMLA lawyer may be able to help you seek reinstatement, back pay and/or other remedies.

Talk to a Philadelphia FMLA Lawyer for Free

Do you need to know more about your right to take family or medical leave under the FMLA? If so, we invite you to get in touch. To discuss your legal rights with an experienced Philadelphia FMLA lawyer for free, call us at 267-273-1054 or tell us how we can get in touch online today.