Legal Question in Medical Leave in Florida

What should I do if I get Llaid off effective the first day I am due back from F

I just took 3 weeks of leave under the FMLA due to an illness that required major surgery. I was due back to work on Monday, Sept 16. I received a call from my boss on Thursday, Sept 12 saying that my position was eliminated, and not to return to work. I did receive a letter of separation that once I sign I will receive severance pay, extended health insurance until Oct. 31, and company paid Job Placement Agency services. I have hesitated to sign the letter because I understand it is against the law by the FMLA to lay me off while being on a Family and Medical Leave. Is this true? and, what should be my next step?


Asked on 9/16/02, 8:47 am

1 Answer from Attorneys
Kelly Henderson

Re: What should I do if I get Llaid off effective the first day I am due back fr

FMLA does provide job protected leave and an employer cannot take a negative employment action against an employee on FMLA leave because they are on such leave. However, an employer may take actions that impact an empoyee negatively when they are on FMLA leave, if the reason they did so was not because of the FMLA leave. That is, if there are lay-offs or job eliminations and the person on FMLA leave would have been laid off or fired had they been working, the fact they are on FMLA leave does not protect them.

Read more
Answered on 9/16/02, 10:40 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Florida