Can I be laid off/terminated while on FMLA?

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Can I be laid off/terminated while on FMLA?

I was put on a performance improvement 2 days after I put in for FMLA. My company is determining a 200 headcount layoff; I am positive they will terminate me for any reason they want to. It’s an at will company. I would like to find an option to have unemployment benefits. I was planning with my family to be a caregiver to my parents anyway.

Asked on July 28, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, it is entirely possible and even permissible for you to be laid off or terminated while you are on leave from work under the Federal Medical Leave Act (FMLA) if your employer is experiencing cash flow issues.

Assuming you are laid off or terminated, then you would be entitled under the law to apply for and receive unemployment benefits for a certain period of time.


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