{"id":357743,"date":"2016-04-04T10:45:26","date_gmt":"2016-04-04T15:45:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/family-medical-leave\/walking-the-fmla-termination-tightrope.html"},"modified":"2024-03-21T12:46:39","modified_gmt":"2024-03-21T17:46:39","slug":"walking-the-fmla-termination-tightrope","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/family-medical-leave\/walking-the-fmla-termination-tightrope.html","title":{"rendered":"Walking the FMLA Termination Tightrope"},"content":{"rendered":"\n
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Walking the FMLA Termination Tightrope<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The Family and Medical Leave Act <\/a>(FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave<\/a> in a 12-month period for certain family and medical reasons. These reasons include the birth of a child, the serious health condition of the employee, or taking care of a worker’s seriously ill family member.<\/p>\r\n

\u201cJob-protected" means your employer can’t fire or retaliate against you for taking such leave. But the FMLA doesn’t provide absolute job protection. In certain circumstances, employers can legally terminate employees on FMLA leave.<\/a> If the reason for firing or laying off is unrelated to the unpaid leave, your employment can be terminated.<\/p>\r\n

This guide explains employment termination under the FMLA.<\/p>\r\n

When FMLA Applies to Your Workplace<\/h2>\r\n

While covered employers must comply, the federal law doesn’t apply to every workplace. The FMLA only applies to:<\/p>\r\n