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