Can I Be Fired While on FMLA Leave in Fremont? What Alameda County Workers Need to Know

Choosing to take your medical leave under the Family and Medical Leave Act (FMLA) can be a monumental decision to make. It’s not something to be taken lightly, and it’s often used for such major life events as childbirth, adoption, or a loved one’s serious illness. Some employers may view your decision to take FMLA leave as some sort of betrayal, and they may threaten your job security. You may be asking: Can I be fired while on FMLA leave in Fremont? 

The most important decision you can make in an FMLA case is to hire an FMLA lawyer to represent your interests and help you navigate the state’s FMLA laws. The help of an experienced Fremont FMLA attorney during this time cannot be overstated. Having the right kind of legal support in your corner as you try to hold your employer accountable for adverse actions is important. Our team can bring substantial employment law experience to your case.

FMLA Leave in Fremont

If you decide to pursue an FMLA case against your employer in Fremont, your case is generally handled by the U.S. District Court for the Northern District of California. Since violating an FMLA leave request is a federal matter, the case is generally handled in federal court. It’s important that you move forward with your case the right way and hire an FMLA lawyer to help you build your case, avoid missing filing deadlines, and represent your interests.

Can I Be Fired While on FMLA Leave in Fremont?

No, your employer cannot legally fire you for taking your FMLA leave or your California Family Rights Act (CFRA) leave. Such actions would be viewed as retaliation by California and federal courts, which could leave your employer in a legally vulnerable state. However, they can fire you while on your FMLA leave if the reason is unrelated to your FMLA leave. California is an at-will employment state, and your employer can fire you whenever they want.

Firing an employee during their FMLA leave can be tricky, as it’s often easy for the employee to claim retaliation for taking the leave. Many employees use their FMLA leave to recover from childbirth or be there for their newborn or newly adopted children. There are 400,100 children born in California every year, and many of their parents are on FMLA leave at the time. Provided you give your employer 30 days’ notice before leaving, they can’t fire you for taking leave.

When Termination Is Legal

Since California is an at-will employment state, your employer does not need to provide cause or notice to terminate your employment, provided that doing so does not violate your employment contract. 

It’s possible that your employer may fabricate a scenario that gives them the opportunity to fire you out of retaliation anyway. That’s why it’s so important to hire a lawyer to investigate your case. Here are some legal ways you could be fired during leave:

• Prior performance issues. If your employer decides to terminate your employment due to low performance issues that were well-documented before you took your leave, your hands may be tied. Serious work errors or bad performance reviews can result in termination even if you are on your FMLA leave at the time. While you can attempt to seek damages, the evidence may be against you in a case like this.

• Company layoffs. Unfortunately, economic strife can lead to rampant downsizing and company-wide layoffs, all of which may be completely out of your employer’s control. A legitimate reduction in your company’s workforce may coincide with your FMLA leave, but there won’t be any relevant connection. Basically, you would’ve lost your job even if you hadn’t taken your leave.

• Misconduct. If your company has evidence that you have violated company policy or performed illegal actions while on the job, that can be more than enough to terminate your employment. They may even wait until you’re on your FMLA leave to do so in order to avoid a potential public scene. If you feel you are being wrongfully terminated, you should still consider speaking with an employment lawyer about your options.

FAQs

Can I Be Fired While on FMLA Leave?

Yes, you can be fired while you are on FMLA leave. However, you cannot be legally fired simply for taking your FMLA leave. Your employer has to prove that you were fired for a reason completely unrelated to your FMLA leave, which may not be easy for them to do. If you believe you were wrongfully terminated, you should contact a lawyer to find out what you can do about it.

Is It Harder to Fire Someone on FMLA Leave?

Yes, it is much harder for an employer to fire somebody while on FMLA leave. It is a very high-risk maneuver and not recommended. If your employer fires you while you’re on your FMLA leave, it’s reasonable for everyone, including people in your own company, to assume that you were fired out of retaliation for taking your leave. Even if your employer can prove you weren’t, that stigma may still be there.

How Long Does an Employer Have to Hold a Job for Someone on FMLA Leave?

If you take your FMLA leave, your employer is required by federal law to hold your job for 12 weeks of unpaid leave. During this time, your job is protected, your health insurance is still paid for by your company, and you may qualify for additional protections, like Pregnancy Disability Leave. When you return, your employer must give you your job back or give you a similar job with the same pay and benefits. 

Should I Hire an Employment Lawyer?

Yes, you should hire an employment lawyer. Finding out you’ve been fired while you’re recovering from a serious medical event or taking care of a loved one who is ill can be humiliating and enraging. Your immediate instinct may be to badmouth your employer publicly, but you shouldn’t do that. Instead, you should speak with an employment lawyer to find out what your options are for damages.

Be Sure to Hire an FMLA Lawyer Soon

When your job is at stake and your employer has taken advantage of your vulnerable position, seeking accountability through legal channels is an understandable response. At Valerian Law, P.C., we can assist you in developing your case and seeking damages. Contact us to speak with someone who can help.