Question of the Week: What is Job-Protected Leave?

Question of the Week
QUESTION

Can we terminate someone for taking FMLA leave during a major project they committed to helping with?

ANSWER

No. When a leave of absence is “job protected,” like the Family and Medical Leave Act (FMLA), it means you can’t terminate or demote the employee or take away any benefit they earned or were entitled to because they took that time off. Upon their return, you generally need to restore them to their original job or an equivalent position with the same pay, benefits, and other terms and conditions of employment. These protections enable employees to take time off without having to worry about losing their job or facing other adverse employment action.

 

 

This Q&A does not constitute legal advice and does not address state or local law.
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