Can You Be Fired In Florida While on FMLA?
Florida is considered an at-will employment state. That means that your employer can fire you at any time for any reason, not just because you performed poorly at your job. However, U.S. workers are offered certain protections against losing their work for specific reasons. If you’re on an unpaid leave of absence under the Family and Medical Leave Act (FMLA), you may be protected from at-will termination.
In this article, the Tampa employee rights attorneys at Florin Gray will discuss what protections you have under FMLA and what to do if you lose your position while on FMLA.
Your rights under FMLA
The FMLA requires eligible employers to allow their employees up to 12 weeks of unpaid annual leave for:
- Undergoing treatment for a covered health condition
- Caring for a newborn
- Caring for a sick family member
Employees who return to work within 12 weeks are entitled to resume their old job or be given a position with the same pay, duties, benefits, and location.
Do you qualify for FMLA leave?
The FMLA only applies to specific employers and employees in Florida. Below is a checklist on whether or not you qualify for FMLA.
- Does your employer have more than 50 employees within 75 miles of your workplace?
- Have you been with the company for at least a year before taking FMLA leave?
- Have you worked at least 1,250 hours for your employer over the last 12 months
- Is the reason you are taking leave covered under the FMLA?
- Did you inform your employer you’re taking FMLA leave?
- Did you take more than the allotted 12 weeks?
Can you be fired while taking FMLA leave?
You cannot be fired for taking FMLA leave or while on protected FMLA leave. However, if you don’t meet any of the conditions or are unable to return to work after 12 weeks, your employer can legally terminate you.
What happens if I don’t qualify for FMLA?
Under the Americans with Disabilities Act (ADA), you may be eligible for medical leave. Your employer cannot terminate you for having a disability or for taking time off from work to treat a medical problem. Your employer is required by law to make reasonable accommodations related to your disability or illness. This includes modifying your duties or schedule.
What should I do if my employer terminates me while on FMLA?
You have legal options if you were fired while on FMLA, but you must act quickly. If you believe you were wrongfully terminated while on FMLA, call the Tampa labor law attorneys at Florin Gray today to schedule an appointment. We can help you hold your employer accountable for violating the law.
Contact a Tampa, FL Labor Law and FMLA Attorney Today
If you have been wrongfully terminated by your employer while on medical leave, you may be entitled to file a lawsuit against them. Our attorneys have helped hundreds of employees champion their rights under federal labor law. Call the Tampa, FL FMLA lawyers at Florin Gray today to learn more.
