Can a Company Fire an Employee While on a Family Leave of Absence?
Federal law provides a number of protections to workers on certain kinds of family leave. Specifics depend on the reason for the leave, the relationship with the family member having the emergency and the size of the employer. Additional laws may apply depending on the state and on whether there may be an element of sex, race or religious discrimination, or discrimination based on national originn or some other legally protected class.
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Family and Medical Leave Act
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The Family and Medical Leave Act, signed into law in 1993 by President Bill Clinton, prohibits certain employers from firing qualified employees for taking leave for medical purposes or to care for medically dependent family members. Not all businesss are covered under the federal law. The law applies only to employers with more than 50 employees in a 75-mile radius, and excludes state agencies and educational institutions.
Qualifying Employees
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In addition to the employer criteria, the law also requires that covered employees meet certain criteria as well. Specifically, the employee must have worked for the employer for at least a year, though there is no requirement that that year be in 12 consecutive months. The law also states that only employees who have worked over 1,250 hours for that employer over the past year are covered. If this doesn't apply to you, you may not have protection under the Family and Medical Leave Act.
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Qualifying Events
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The Family and Medical Leave Act requires qualifying employers to grant leave on request for the following reasons: to provide care for a sick or injured child or spouse, or to recover from the worker's own injury or illness. The leave does not have to be paid, but medical insurance must continue during the leave period. The law requires employers to grant up to 12 weeks of leave to care for a newborn or newly adopted child, and to care for an injured member of the armed forces of the United States. The employer, if covered by the act, must maintain the seniority benefits the employee would have accrued as if she had never left. The law does not apply to workers who take leave to care for parents, however.
State Law
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Some states have provided additional protection to workers who take family or medical leave. Depending on your state, the law may apply to smaller companies with fewer than 50 employees or expand the definition of family to include same-sex partners, parents, grandparents or in-laws.
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