Legal Question

[Melanie11]

Don't know if anyone would know the answer to this but I was just wondering if it is legal to lay someone off while they are on FMLA?

 

[IL-SE]

If you are on FMLA, you cannot be selected for layoff BECAUSE you are on FMLA. But FMLA does not protect you from a layoff that would have occurred regardless of whether you took FMLA leave or not. If you would have been laid off it you were not on FMLA, you can be laid off while you are on FMLA.

 

[BryGuy]

Don't know if anyone would know the answer to this but I was just wondering if it is legal to lay someone off while they are on FMLA?

Thats sort of the point of FMLA - that you can't be layed because you need to take a leave of absence to take care of a family medical issue. If they are doing manpower reduction and lay 10 people off and 1 was already on FMLA I would doubt there is a legal problem. Call the HR department and talk to them about it. They do have to tell you the truth.

 

[WoodSlinger]

Don't know if anyone would know the answer to this but I was just wondering if it is legal to lay someone off while they are on FMLA?

My previous employer had a gigantic layoff a year ago this past January (one of the largest reasons I decided to go elsewhere). One of the unfortunates was a woman on FMLA. I don't know if it was illegal, but they sure did it.

 

[Bean PE]

Call the HR department and talk to them about it. They do have to tell you the truth.

Right. HR is noble and upstanding, and it's super easy to prove them wrong if they lie.

 

[Slugger926]

My company has always had the policy if someone were to get affected that was on FMLA, they would get their severance package the day they came back to work. So if they had sick time or benefits paying them while they were on FMLA, then they collected that until they came back in the office. It works out pretty good for some guys on maternity leave to use up all of their accrued sick time, and then get the package after week 12 of FMLA.

 

[HornTootinEE]

Call the HR department and talk to them about it. They do have to tell you the truth.

Right. HR is noble and upstanding, and it's super easy to prove them wrong if they lie.

I have yet to meet and HR department that isn't out to hang engineers from the rafters... We're just worthless in their eyes... But then, maybe i'm skewed by my employer's HR department...

 

[BryGuy]

I have yet to meet and HR department that isn't out to hang engineers from the rafters... We're just worthless in their eyes... But then, maybe i'm skewed by my employer's HR department...

I guess I've never met an HR department wasn't scared shitless of labor relations laws.

 

[Bean PE]

I have yet to meet and HR department that isn't out to hang engineers from the rafters... We're just worthless in their eyes... But then, maybe i'm skewed by my employer's HR department...

I guess I've never met an HR department wasn't scared shitless of labor relations laws.

Most business violate FLSA with respect to exempt employees, and that'll never change.