getting fired while on FMLA

My husband is on FMLA and we recently found out that his employer is reviewing his record and considering firing him because of abcenses. Can he legally be fired for taking days off when he is sick while he is on FMLA?

1 answer  |  asked Dec 5, 2007 1:14 PM [EST]  |  applies to Texas

Answers (1)

Christopher McKinney
FMLA Termination

The short answer is no. If it is shown that the reason for your husband's discharge is due to his taking FMLA leave then that would be a violation of the statute. This does not mean that he can't be fired for some other reason (like non-FMLA absences) as long as he is treated no worse than other employees in similar circumstances that were not on FMLA.


Christopher McKinney
700 East Sonterra Blvd.
Suite 1202
San Antonio Texas 78258
(210) 832-0932
The McKinney Law Firm

posted by Christopher McKinney  |  Dec 11, 2007 08:52 AM [EST]

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