The Family and Medical Leave Act (FMLA) gives you the right to have a 12-week entitlement of unpaid, protected leave during a 12-month window. While the FMLA offers protection, it is important to understand that it has limits.
Why your employer can still fire you
A common misconception about taking FMLA is that it freezes your employment status entirely. In reality, FMLA protects you from being terminated because you took leave. If a legitimate reason exists that would have happened regardless of the leave, your employer may proceed with their decision. Common examples can include:
- Reduction in force or mass layoffs
- Pre-existing performance issues
- Issues discovered post-leave
- Company closure
Your employer can hold you to the same standards as everyone else, even if you are on leave.
When an employer cannot legally end your employment
Your rights under FMLA protect you from retaliation. Employers cannot fire you because you took leave. The law prohibits them from using your leave as a negative factor in employment decisions. Identifying whether retaliation occurred requires you to look at these crucial signs:
- Did your employer fire you immediately after requesting leave?
- Is there an inconsistency in explanations from your boss and the human resources department?
- Were you meeting the company’s performance standards before your leave?
If you suspect retaliation, the burden of proof shifts to the employer. However, you must prove that the reason for your termination is a pretext for discrimination.
Holding your employer accountable
Your priority is to preserve evidence, even if you are out of the company. Collect performance reviews and save email threads where you discussed your leave with your boss. Additionally, avoid signing any severance or release forms immediately. Because Indiana’s at-will employment laws and federal FMLA protections overlap in complex ways, it would be wise to seek advice from an employment law attorney.