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  • FMLA Florida

    Is it legal for an employer to layoff someone who is on FMLA?

    In my department there were 8 people laid off. There are 3 people in my department that are on FMLA and all 3 of us got laid off.

  • #2
    It is not legal to select someone for layoff BECAUSE they are on FMLA. However, if the company can show a business reason why they would have been selected for layoff regardless of the leave, then FMLA does not protect you.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I am assuming I was laid off due to the ecomony, I am assuming that is a "business" reason? No reason was given by my employer.

      I know they are not going to say "because you are on FMLA is the reason you are being laid off".

      Does the employer have to give a reason to the employee for the layoff?
      Last edited by Rosesayz; 02-24-2009, 04:10 PM.

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      • #4
        The law does not require it, no. And yes, being laid off due to the economy is a business reason.

        Do you have any evidence that but for your leave, you would not have been laid off? They laid off several people who were not on FMLA as well.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          The only thing I have is other than my FMLA leave (for my mothers death) I was always at work, ontime, did my "quota" of production, did whatever my supervisor asked of me. There were people that for whatever reason took more time than thier alloted personal days off. I understand the layoff, just not sure why I was choosen rather than people with bad attendance and poor performance.

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          • #6
            If you believe you can support a complaint that you were selected for layoff solely because you were on FMLA, the regulatory agency to talk to is the US DOL.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              I think I would have a better chance getting hit by lightening...Thank you for your replies....BTW....I am originally from Mass....Heard it's cold up there...Have a great day.....

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              • #8
                Originally posted by Rosesayz View Post
                The only thing I have is other than my FMLA leave (for my mothers death) .
                Not to drag up bad memories but were you out on FMLA prior to your mothers death or just after?

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                • #9
                  The death of a parent isn't a FMLA qualifying reason.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    Originally posted by ElleMD View Post
                    The death of a parent isn't a FMLA qualifying reason.
                    That was exactly the point I wanted to find out. The original post doesn't clarify and if it really wasn't FMLA then there was no job protection. Didn't want to lead into the answer.

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                    • #11
                      Please note prior thread re FMLA:

                      http://www.laborlawtalk.com/showthread.php?t=203157
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                      • #12
                        My mom moved in with me in January of 2008, she was sick then but got better, somewhat. She was in and out of the hospital for almost a year and when her heath began to decline more, I applied for FMLA, and of course it was approved. I did not take the time off all at once, I would take a day off here and there. The last time my mom was in the hospital, she was sent home with Hospice, Novermber 17, 2008, and my sisters came to stay with me to help care for her and to spend time with her. They told us that it could be up to 6 months before she would pass so I again would just take days off here and there. On December 3, 2008, my sisters called me at work and told me that I had to get home that my mom was not doing well. When I got home Hospice was here and they said that my mom was declining faster than they thought she would. It was then that I decided to take the rest of my FMLA leave. My mom passed the following day on December 4, 2008. I notified my work and informed them and told them that I had to fly to Boston with my mom's body for all the services. My work was ok with everything and I had kept them notified that I would try to retun to work after the 1st of the year. I told them that I had the FMLA and I was going to use that. I returned to work on January 5, 2009 and it was then that I was told that the FMLA I was approved for to care for my mom did not cover me for my leave. They told me that if my doctor (I was under my doctors care for myself for her death) would fill out FMLA forms for me and back date it to December 4, 2008 then that would cover me, which I did and it all got approved.

                        So I guess to answer your question, I had FMLA to care for my mom then got approved for FMLA for myself after the fact. (Sorry for the long version)

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                        • #13
                          If the employer extended your leave until January 5, it went above and beyond anything that it need to do legally. After your mother passed away and you were no longer carrying for her, your absence was not covered by FMLA. FMLA is not for bereavement.
                          I am not able to respond to private messages. Thanks!

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