Can I Be Fired for Using FMLA Leave?

Although federal law provides robust protections for workers who need to care for themselves or family members, many employees experience significant anxiety about potential consequences when requesting Family and Medical Leave Act (FMLA) leave. Let us help you understand your legal rights so you can better protect your job and make informed employment decisions.

What Protections Does FMLA Provide to South Jersey Employees?

The FMLA offers eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons, including serious health conditions, caregiving responsibilities, or bonding with newly born or adopted children.

During this protected leave period, employers must maintain your health insurance coverage under the same terms as if you continued working, while guaranteeing your right to return to your original position or an equivalent role with comparable compensation and benefits.

Can My South Jersey Employer Fire Me While I am on FMLA Leave?

Your South Jersey employer cannot legally terminate your employment based solely on your request for or utilization of FMLA leave. However, employers may fire employees on FMLA leave for legitimate reasons entirely unrelated to the leave itself, such as documented performance deficiencies that existed before the leave commenced, policy violations discovered during the absence, or workforce reductions that would have affected you regardless of your leave status.

What Is FMLA Retaliation?

FMLA retaliation occurs when an employer takes adverse employment action against an employee because they exercised their protected rights, including termination shortly after returning from leave, demotion, reduction in responsibilities, or using FMLA leave as a negative factor in personnel decisions.

If you were fired within days or weeks of taking FMLA leave without prior disciplinary history or performance concerns, the suspicious timing may suggest unlawful retaliation.

How Can I Tell If My Firing Was Illegal?

Look for interconnected warning signs indicating potential violations, including suspicious timing where termination occurred immediately following your leave request or return from leave, particularly when combined with an absence of prior performance issues or warnings.

If your employer suddenly introduced policy violations or performance problems only after you took leave, or if other employees who committed similar infractions received different treatment, these patterns may support your retaliation claim.

What Rights Do New Jersey Workers Have?

New Jersey employees benefit from both the federal FMLA and the New Jersey Family Leave Act (NJFLA), which offers enhanced protections beyond federal requirements. The NJFLA applies to employers with 30 or more employees and requires only 1,000 hours of work yearly rather than the 1,250-hour federal requirement, meaning more workers qualify for state protection.

What Can I Do If I Was Fired After Taking Leave?

Document every relevant detail associated with your firing—including the termination date, who terminated you, the stated justification, and any communications regarding your leave request. Gather comprehensive employment documentation such as performance reviews, disciplinary records, and positive feedback received prior to leave.

Protect Your Rights with South Jersey FMLA Lawyers at The Gold Law Firm P.C.

If your employer terminated your employment following your FMLA leave request or usage, you may be entitled to remedies including reinstatement, back pay for lost wages, and liquidated damages equaling your lost compensation. Contact the trusted South Jersey FMLA lawyers at The Gold Law Firm P.C. to represent you in your FMLA retaliation claim. Call us today at 215-569-1999 or fill out our online form to schedule a free consultation. We are located in Philadelphia and Pennsauken, NJ.