Can I request FMLA due to health issues and not be terminated?
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Can I request FMLA due to health issues and not be terminated?
My employer told me not to come to work on Friday. They stated that there were “performance issues”. I am supposed to meet with them on Monday. I am sure I am facing termination.
Asked on March 3, 2012 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An employee cannot be terminated for using Family and Medical Leave Act Leave; however, FMLA leave is a not a "get of jail free card," so to speak, to avoid termination. It does not prevent an employee from being terminated for valid reasons unconnected to the leave, such as poor performance.
Also:
1) You can't automatically get FMLA leave; you must (i) have an actual, serious-enough health condition; (ii) your employer must have at least 50 employees working within a 75-mile radius; and (iii) you must have worked at least a year, full time.
2) FMLA leave is only for up to 3 months and is unpaid. Even if you were eligible to the take the leave (e.g. were facing hospitalization), all it would, at most, do is to delay termination for a few months without even requiring the employer to pay you during that time.
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