Can an Employer Terminate You While on FMLA Leave and ADA-Protected Status?

The complex interplay between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) can sometimes lead to misunderstandings and potential legal issues in the workplace. This article aims to shed light on these issues and provide clarity on the rights of employees and employers in such scenarios.

Termination of Disabled Employees on FMLA Leave

It is a common scenario to encounter the question: can an employer terminate a disabled employee who is on FMLA leave? The short answer is yes, but with several important caveats.

Federal law makes a critical distinction between terminating an employee 'because' the employee is on FMLA leave and terminating an employee 'while' they are on FMLA leave. Termination based on the employee's FMLA leave is generally unlawful unless the reason is unrelated to the FMLA leave.

Lawful Reasons for Termination During FMLA Leave

Despite the general prohibition against terminating an employee for their FMLA status, there are certain lawful circumstances under which an employer can terminate an employee during FMLA leave. Some of the most common reasons include:

The employer was in the process of firing the employee before they went on FMLA leave. The employee would have been laid off as part of a company-wide or department-wide layoff, regardless of whether they took FMLA leave. The medical condition necessitating FMLA leave has made it impossible for the employee to perform the essential functions of their job. Rehiring the employee would cause significant economic hardship to the employer. The employee was hired for a specific term or a particular project that is now concluded or no longer requires the employee's services. The employee obtained FMLA leave fraudulently.

These reasons represent a narrow spectrum of scenarios in which an employer can lawfully terminate an employee while on FMLA leave. However, the burden is on the employer to provide clear, documented evidence that supports such a termination.

Documentation and Reasonable Expectation

While an employer can terminate an employee for any reason, they must be prepared to demonstrate that the termination was based on legitimate business needs, rather than the employee's FMLA leave. Documentation is crucial. The employer should have a clear record of the employee's performance and any issues that led to the decision to terminate.

Most companies operate under an 'at-will' employment model, which means they can terminate an employee 'at will' for any or no reason. However, this principle is subject to the protection provided by the FMLA and ADA. Employers must ensure that their termination decisions are not based on discriminatory motives.

Legal Action and Protection

If an employee believes they were wrongfully terminated while on FMLA leave and ADA-protected status, they have the right to pursue legal remedies. Disabled employees have the option to file a wrongful termination lawsuit. With legal assistance, employees can seek to prove that the termination was in violation of their rights under the FMLA and ADA.

In some cases, if the employer engages in behavior that goes beyond discriminatory termination, they may face additional legal consequences, such as criminal charges.

Summary

The termination of a disabled employee on FMLA leave is a sensitive topic that requires a nuanced understanding of both the FMLA and the ADA. While an employer has the legal right to terminate an employee 'while' they are on FMLA leave under specific circumstances, the termination cannot be solely based on the employee's health status or need for leave. Employers must maintain a legitimate business rationale for termination and be prepared to back their decisions with clear documentation.

For employees facing such situations, seeking legal guidance and understanding their rights under the FMLA and ADA can provide a necessary defense against wrongful termination.