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Can You Terminate an Employee on FMLA Leave?

June 5, 2018

Via: HR Hero
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The Family and Medical Leave Act (FMLA) provides job-protected leave benefits. This generally means that when an employee qualifies for and takes FMLA leave, his or her job (or an equivalent) must be available to return to at the end of the leave period.

FMLAThe FMLA also has an antiretaliation provision. Employers cannot fire employees for requesting or taking FMLA leave.

Knowing these provisions puts employers in a potentially difficult situation when faced with the need to terminate an employee who happens to also be on FMLA leave or who has recently returned from it.

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