Termination during disability leave.

I went on maternity leave for six weeks. I had post delivery complications & spent another 2 weeks on disability leave.While I was still on disability I was fired from my job. Was that legal?

1 answer  |  asked Jul 13, 2006 2:32 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Fired while on maternity leave

A situation like this would be covered by the Family and Medical Leave Act. FMLA provides for 12 weeks of leave, which isn't necessarily paid leave, under certain conditions, including the birth of a child. One of the guarantees you do get while on FMLA leave is that you cannot be terminated from your job because you are on leave.

But there are always exceptions. For example, you can be fired from your job while on FMLA leave if you would have been fired anyway. Let's say that at about the time your company was going through a big lay off. Management decides to eliminate your entire department, including your job. In a situation like this, your termination would be proper.

So, the general rule is that while you are on FMLA leave, you can't be fired, but there are exceptions.

posted by David M. Lira  |  Jul 17, 2006 08:34 AM [EST]

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