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  1. #1
    Join Date
    Apr 2008
    Posts
    1

    Default Termination and FMLA

    My question involves labor and employment law for the state of: Is it possible to be terminated from your job while you are on fmla and you haven't used up the 12 weeks granted to under fmla?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Labor And Employment

    It is possible, yes.

    If the circumstances are such that you would have been terminated regardless of whether you took FMLA leave or not, for example the dissolution of a department or a reduction in force, then being on FMLA does not protect you. It will be incumbent on the employer to show the US DOL, if asked, that you would have been terminated anyway, whether you took leave or not.

    However, you cannot be terminated for excessive absence, for absences attributable to FMLA, until the FMLA is expired.

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