Can You Be Fired While Out On FMLA Leave?

By Thomas McKinney

The Family Medical Leave Act does not prohibit an employer from terminating an employee who is out on an approved leave of absence if the employer can prove that the termination would have occurred even if the employee was not out on leave.  Often times this scenario occurs when there is a reduction-in-force while the employee is out on leave.  It is not per se illegal to terminate an employee while out on FMLA leave.

You should contact an employment lawyer for a free consultation to evaluate whether your termination violated the FMLA or a related state law for family leave.

December 6, 2010 – Tom McKinney – Castronovo & McKinney

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.