Understanding Job Security: Can You Be Fired While on FMLA Leave or Disability?

In today’s hostile work environment, understanding the few rights you as an employee have is crucial, especially when faced with situations that cause you to miss work due to illness or disability. One common question plagues employees: Can I be fired while on FMLA (Family and Medical Leave Act) leave or disability?

The FMLA and Disability Protections

The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid (Texas does not have paid medical leave, sick leave, maternity leave, or paternity leave), job-protected leave each year. It also requires that employers maintain employees’ group health benefits during the leave as if employees continued to work. The FMLA is designed to help employees take care of themselves or their family, without losing it all.

Similarly, disability protections under laws such as the Americans with Disabilities Act (ADA) prevent employers from discriminating against employees due to their disability. This protection can extend to situations where an employee needs to take leave or requires reasonable accommodations to perform their job functions.

Navigating Job Security Under FMLA and Disability Laws

In general, both FMLA and disability laws provide job security. In most circumstances, you cannot legally be fired for taking leave under these provisions. However, understanding these laws can be complex and counterintuitive. That’s why consulting with an experienced employment law attorney like Evan Lange of Evan Lange Law, PLLC, can be beneficial.

It’s crucial to understand that while these protections exist, they don’t make your employment absolutely secure. Therefore, if you have concerns, speaking with an experience employment attorney can help.

Retaliation is Illegal, Stand up for Your Rights

Retaliation for using FMLA leave or for requesting accommodations under disability laws is illegal. If you are fired, demoted, or subjected to negative actions by your employer because you’ve exercised your rights under these laws, it could constitute illegal retaliation. If you feel you’ve been subjected to this type of retaliation, don’t hesitate to stand up for your rights and contact Evan Lange of Evan Lange Law, PLLC for a paid consultation.

Knowing Your Rights is Crucial

Employment law can be complex, and understanding these laws and your rights under them is crucial when facing situations that could impact your job security. If you find yourself needing to take FMLA leave or requiring accommodations due to a disability, and you’re concerned about your job security, consulting with an employment law attorney can provide invaluable insights.

Evan Lange, with his experience in employment law, can provide guidance based on your specific situation, helping to ensure that your rights are protected. Remember, while the law offers protections, it also has limitations and requires specific actions on your part.

Navigating the complexities of employment law is not something you have to do alone. If you have concerns about FMLA leave, disability protections, or any other aspects of employment law, don’t hesitate to schedule a paid consultation with Evan Lange of Evan Lange Law, PLLC.