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  1. #1
    Join Date
    Nov 2010
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    2

    Default Is It Illegal to Be Fired While on FMLA and Short Term Disability

    My question involves labor and employment law for the state of: Florida
    I was fired (while still in the hospital) 4 weeks after I was on FMLA and paid short term disability. I worked for this company for over 20 years and never once had a problem. Is this illegal?

  2. #2
    Join Date
    Dec 2007
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    2,357

    Default Re: Is It Illegal to Be Fired While on FMLA and Short Term Disability

    What reason were you given?

  3. #3
    Join Date
    Nov 2010
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    2

    Default Re: Is It Illegal to Be Fired While on FMLA and Short Term Disability

    is it possible to email you the details?

  4. #4
    Join Date
    Mar 2007
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    9,096

    Default Re: Is It Illegal to Be Fired While on FMLA and Short Term Disability

    No.

    If you want help, you have to state it publicly.

    You can keep it generic... were you fired for a reason that would have gotten you fired if you weren't on FMLA?

  5. #5
    Join Date
    Sep 2005
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    Default Re: Is It Illegal to Be Fired While on FMLA and Short Term Disability

    Let's take some examples: While you're in the hospital on a bona fide FMLA leave your employer finds out (a) you've been punching in for other people at work when they're late to hide that from the boss; (b) you've given your personal employee discount to friends in violation of store policy; (c) you lied on your application and said you had no criminal record when in fact you have criminal convictions; (d) you've been stealing, etc. - they can fire you. I'm not suggesting that any of these apply to your circumstances, but we don't know your circumstances.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Is It Illegal to Be Fired While on FMLA and Short Term Disability

    You can also be fired if:

    1.) Your FMLA runs out. FMLA lasts for 12 weeks; on week 13, day 1, you can legally be fired regardless of how legitimate the reason for needing additional leave, and regardless of whether you are collecting STD benefits or not.
    2.) There is a business reason (i.e. your entire department is outsourced) why you would have been let go regardless of whether you were on FMLA or not.

    FMLA protects you from being fired for taking medical leave, for up to 12 weeks. It does not protect you from being fired for a reason that would have happened anyway. STD benefits do not protect you at all. STD benefits, which are not leave but how you get paid while you are on leave, do not under any circumstances whatsoever provide job protection. ONLY FMLA does that, and FMLA only does it for 12 weeks, and only for reasons directly related to the FMLA itself.

    You'll have to provide some details if you want anything more than that.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Is It Illegal to Be Fired While on FMLA and Short Term Disability

    It could even be more generic... as in your entire department was eliminated and all were laid off.

  8. #8
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Is It Illegal to Be Fired While on FMLA and Short Term Disability

    You probably need to speak with a plaintiff's employment attorney in your area. Most initial consultations are free. This is especially true if you don't want to provide specific information.

    I can say if you were fired for a reason unrelated to the FMLA, they better have excellent documentation.

    I know someone who was fired while on FMLA on the grounds that the position was elminated due to a downsizing. She then found later they were advertising her exact job. They paid $30k to settle that.

    I should mention she got two weeks severance and they couldn't try to deny unemployment, so they could then later argue she was fired for cause and that the position wasn't eliminated, which would otherwise be a possible defense to the FMLA violation.

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