Layed off after requesting future FMLA

I sent an email to our HR Director stating that I would be requesting FMLA after my wife delivers in August. I was then part of a layoff that seemed to be totally subjective in the selection process. Do I have any recourse?

1 answer  |  asked Mar 30, 2004 12:07 AM [EST]  |  applies to Maryland

Answers (1)

Gwenlynn D'Souza
FMLA - layoff or termination

Generally, the Family Medical Leave Act (FMLA) does not provide absolute protection from layoff for protected employees. Although the FMLA prevents employers from terminating employees because they have requested or are on FMLA leave, employers may layoff an employee who has requested FMLA leave or is on FMLA leave as they would any other employee.

If the employee is truly concerned that the layoff was for a retaliatory reason, the employee may complain to the Department of Labor. The Department of Labor requires the employer to prove that the employee would have been terminated regardless of the request for FMLA leave.

posted by Gwenlynn D'Souza  |  Mar 31, 2004 10:06 AM [EST]

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