Can a company terminate an employee during FMLA leave?
Page Content. The Family and Medical Leave Act (FMLA) does not protect an employee from being terminated if her job happens to be legitimately eliminated while she is on leave, according to the U.S. District Court for the Northern District of California.
When does an employee fail to return to work after FMLA?
employee fails to return to work following the FMLA leave unless the employee does not return because of circumstances that are beyond the employee’s control, including a FMLA-qualifying medical condition. Benefits Other than Health Insurance An employee’s rights to benefits other than group health insurance while on FMLA leave depend upon
When did Akima terminate Maria Rodriguez’s FMLA?
On Oct. 23, 2015, approximately one week before Rodriguez’s FMLA leave was set to expire, Akima contacted Rodriguez at home and informed her of its decision to eliminate her position and terminate her employment. Rodriguez sued Akima, claiming that it interfered with her FMLA rights when it failed to reinstate her to her former position.
How does the family and Medical Leave Act protect an employee?
The Family and Medical Leave Act (FMLA) does not protect an employee from being terminated if her job happens to be legitimately eliminated while she is on leave, according to the U.S. District Court for the Northern District of California. Akima Infrastructure Services LLC hired Sarah Rodriguez on Oct. 7, 2014, as a recruiter.
What happens when an employee returns from FMLA?
When an employee returns from FMLA leave, he or she must be restored to the same job or to an “equivalent job”. The employee is not guaranteed the actual job held prior to the leave.
Is it OK to terminate employee at the end of FMLA?
Navigating a complex leave law like FMLA and staying current with ever-changing regulations can be burdensome. Some situations are difficult to navigate and remain compliant, especially if the employee on leave can’t return to work as planned. When is it ok to terminate an employee at the end of FMLA leave?
What happens when FMLA is substituted for paid leave?
The employee must continue to make any normal contributions to the cost of the health insurance premiums. If paid leave is substituted for FMLA leave, the employee’s share of group health plan premiums must be paid by the method normally used during paid leave (usually payroll deduction).
How many workweeks can an employee take under the FMLA?
Eligible employees may take up to 12 workweeks of leave during any 12-month period for certain family and medical reasons and up to 26 workweeks of leave during a single 12-month period for military caregiver leave. See Fact Sheet 28F: Qualifying Reasons for Leave under the FMLA and Fact Sheet 28M: The Military Leave Provisions under the FMLA.