Can an employee get laid off while on fmla?
Find answers to your legal question.
Can an employee get laid off while on fmla?
 
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KP7689
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Yes, it is legal to be laid off while on FMLA due to a company reduction in workforce (RIF). It is only illegal if you are laid off specifically because you are on FMLA. |
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Squat1
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Yes, if your seniority qualifies you for a lay-off you can be laid off.
If you would have been laid off had you not been on FMLA, you can be laid off while on FMLA. |
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Cubs Girl
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Yes they can. If the position was being eliminated or if the company is having financial difficulties and choose to conduct layoffs
FMLA does not protect you from lay off or restructuring. |
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rwa000
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as long as it was just not you it is legal, it has to be company wide meaning more than one |
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Kaska
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Not sure but my guess would be yes. They technically are not getting rid of you but I would not hold my breath for them to call you back.
Best to file unemployment and food stamps. |
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Sarah K
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i don't see how it is legal too lay someone off while they are off on fmla because they are off from work all ready an unable to work. how can you lay them off if they are already off? |
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Katie K
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no. It's illegal. |
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Variety202
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I would think that it would be illegal. I have FMLA when i need it and i believe that they can only fire you if you abuse the leave(like work somewhere else, vacation etc). But if you are using it for what it is meant for no, they can not lay you off. But if your company goes out of business while you are on FMLA that's different. Then They can. |
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