Layoff after FMLA

  1. You have chosen to ignore posts from am1028. Show am1028's posts

    Layoff after FMLA

    Actually, your employer can lay you off during you FMLA leave as long as that layoff would have happened if you had continued to work anyway....so I imagine your employer would be able to lay you off immediately after returning from leave, as long as it's not BECAUSE of your leave that you are being layed off.

    http://www.dol.gov/elaws/esa/fmla/eb6.asp

     
  2. You have chosen to ignore posts from pingo. Show pingo's posts

    Layoff after FMLA

    FMLA is protected. One cannot lay you off during that time. But unfortunately, when you leave the workforce for that long - your co-workers take over your reponsibilities and often your office find, they can do without you.
    It is a sore subject - especially these days. When you take your FMLA - you should be prepare to be laid off.
     
  3. You have chosen to ignore posts from Prill. Show Prill's posts

    Layoff after FMLA

    AM is right - as long as the company can show that you would have been laid off regardless of the fact that you were on leave, then they can do so at any time for a legitimate business reason.
    For clarification, maybe speak to your HR dept or house counsel.
     
  4. You have chosen to ignore posts from KT75. Show KT75's posts

    Layoff after FMLA

    I work with FMLA rules a lot and I believe that the job protection is only for while you are not in work. I am not sure about what happens if you are on GRW (gradual return to work) and how your job is protected then.

    If you have any questions its probably best to contact your HR department.
     
  5. You have chosen to ignore posts from khallock. Show khallock's posts

    Layoff after FMLA

    I got laid off 3 weeks after I returned from my FMLA leave.
     
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