Can a employer terminate an employee for FMLA?

Can a employer terminate an employee for FMLA?

Employers are tasked with following and adhering to the guidelines in the FMLA. It is essential to ensure the employee has not followed the FMLA procedure properly before he or she may be terminated for extended medical or family leave.

Can a employer investigate a misuse of FMLA?

Courts have repeatedly affirmed employers’ right to investigate the perceived misuse or abuse by employees of leave under the Family and Medical Leave Act (“FMLA”). After all, while eligible employees have the right to take FMLA leave, employers have the right to ensure that FMLA leave is used only for a proper purpose.

Can a company be sued for FMLA fraud?

Proceeding with termination of an employee for FMLA fraud – at least in the absence of an admission by the employee – presents the clear risk of an FMLA interference and/or retaliation claim. Getting legal advice ahead of time is never a bad idea.

When to hire a lawyer for FMLA violations?

When a violation occurs by the employer against FMLA, it is imperative to hire a lawyer to start a case. Evidence must be gathered, and it must be determined that the termination was based on the leave. Violations due to discrimination for employees taking leave with FMLA occur occasionally.

When to terminate an employee before or after FMLA?

If an employee would have been terminated regardless of FMLA leave because of poor performance, the employee may be terminated before, during or after FMLA leave If an employee fails to meet the goals of a corrective action program designed to improve performance prior to leave,…

Courts have repeatedly affirmed employers’ right to investigate the perceived misuse or abuse by employees of leave under the Family and Medical Leave Act (“FMLA”). After all, while eligible employees have the right to take FMLA leave, employers have the right to ensure that FMLA leave is used only for a proper purpose.

Why did my employer fire me for FMLA?

The employer fired her because it concluded that her conduct violated company policies and constituted FMLA leave fraud, he noted. When FMLA leave abuse isn’t so blatant, employers may need to do some digging. In one instance, an employee requested time off for vacation, which was denied.

Can you return to work after FMLA is exhausted?

An employee has no absolute right to continued employment under either workers’ compensation or the ADA after FMLA leave has been exhausted and they cannot return to work. However, an employer should consider options other than termination before terminating the employee under this circumstance. FMLA Leave Considerations