Understanding the Purpose of FMLA
The Family and Medical Leave Act (FMLA) is a federal law designed to protect eligible employees who need time off from work due to serious personal or family health issues, the birth or adoption of a child, or certain military-related needs. It allows for up to 12 weeks of unpaid, job-protected leave within a 12-month period. Importantly, during this time, an employee’s group health benefits must be maintained as if they were actively working. Upon returning, the employee must be restored to their original position or an equivalent one with the same pay, benefits, and responsibilities.
FMLA Eligibility Requirements in Michigan
Not every worker in Michigan is eligible for FMLA leave. To qualify, an employee must work for a covered employer, which includes all public agencies and private companies with at least 50 employees within a 75-mile radius for at least twenty workweeks in the current or preceding calendar year. The employee must have worked for the employer for at least 12 months and logged at least 1,250 hours in the preceding year. These eligibility rules help ensure that both employee rights and employer operations are appropriately balanced under federal law.
Layoffs During FMLA Leave: Is It Legal?
Although the FMLA provides strong protections, it does not give employees absolute immunity from termination. Michigan workers on approved FMLA leave can, in some circumstances, be legally laid off. The key question is whether the employer would have made the same decision regardless of the employee’s leave status. If an entire department is being eliminated or if the employer had previously documented the employee’s performance issues or had a planned reduction in force, a layoff may be permissible.
However, it is unlawful for an employer to use an employee’s decision to take FMLA leave as a factor in a termination decision. Even indirect or subtle forms of retaliation, such as citing the leave as a disruption or cost burden, can violate the law. If the employer cannot demonstrate that the termination would have occurred absent the leave, the layoff may constitute FMLA interference or retaliation.
Signs of Unlawful Termination
Employees should be alert to potential warning signs that their FMLA rights have been violated. For instance, if a worker on leave is the only person laid off in their department, or if the employer suddenly raises performance concerns that were never documented before, those actions may signal retaliation. Additionally, if an employee was promised a return to their job but is then told the position is no longer available without a clear business justification, they should seek legal counsel.
Beyond Job Loss: Other FMLA Protections
FMLA protections extend beyond job reinstatement. Employers must continue group health insurance coverage during the leave period and cannot reduce or alter an employee’s benefits due to their absence. Moreover, an employee cannot be penalized in performance reviews, , or promotions for using FMLA leave. These provisions are essential to ensuring that employees can take the necessary time off without jeopardizing their long-term employment prospects.
What to Do If You’re Laid Off While on Leave
If you are laid off while on FMLA leave, or shortly before or after taking such level, it’s important to take specific steps. Request written documentation outlining the reason for your termination. Review your past performance evaluations, internal communications, and policies cited by your employer. If possible, find out whether others in similar roles were affected. This information can help determine whether the employer’s action was part of a legitimate business decision or an unlawful attempt to penalize you for taking leave.
In cases where the timing or rationale for a layoff seems questionable, it is wise to consult an employment attorney. Legal professionals can assess whether your rights under FMLA were violated and, if so, help you pursue remedies such as reinstatement, back pay, or compensatory damages.
Conclusion: Know Your Rights and Seek Legal Support
For Michigan workers, the FMLA provides critical protections during some of life’s most challenging moments. While it does not guarantee that your job will be immune from legitimate business decisions like company-wide layoffs or documented performance issues, it does require that your leave cannot play any role in those decisions. If you suspect your employer’s decision to terminate you was influenced by your FMLA leave, you may have legal grounds to challenge it.
If you have concerns about how your leave was handled or are worried about your job security while preparing for time off, contact us today. We’re here to help you protect your rights, your income, and your future.