Terminated While on FMLA: Your Rights and Legal Options

Facing a serious illness, injury, or family emergency is stressful enough without worrying about losing your job. The Family and Medical Leave Act (FMLA) was created to give employees time off for qualifying medical and family reasons while protecting their position. Still, many workers contact me with one urgent question: Can my employer terminate me while I am on FMLA leave?

The answer is yes—but with important limits. Employers can lawfully terminate an employee on FMLA leave if the decision is based on legitimate, unrelated reasons such as poor performance or a company-wide reduction in force. What they cannot do is retaliate against you for exercising your FMLA rights. This article explains your protections, when termination may be lawful, and what to do if you believe your rights were violated.

Understanding Your FMLA Rights

What FMLA Provides

The FMLA entitles eligible employees to:

• Up to 12 weeks of unpaid leave during a 12-month period.
• Continuation of group health insurance during the leave.
• Job protection, meaning the right to return to the same or an equivalent position.

Covered reasons for FMLA leave include:

• The birth or adoption of a child.
• Caring for a spouse, child, or parent with a serious health condition.
• Recovering from a personal serious health condition.
• Qualifying exigencies related to a family member in the Armed Forces.

Who Qualifies for FMLA?

Not all employees are covered. You must:

• Work for a covered employer (public agencies and private employers with 50+ employees within 75 miles).
• Have worked at least 12 months and logged at least 1,250 hours in the past year.

Can You Be Terminated While on FMLA?

Yes, but only for reasons not connected to your use of FMLA leave. Employers cannot use your leave as a “negative factor” in employment decisions. They can, however, proceed with termination if the decision would have occurred regardless of your leave.

Lawful Reasons for Termination During FMLA Leave

Poor Performance or Misconduct

If an employer has documented evidence of performance issues or misconduct before your leave, they may lawfully terminate you during leave. For example, if you were already on a performance improvement plan, FMLA does not erase that history.

Fraud or Policy Violations

Employees who misuse FMLA—such as falsifying medical records or working another job while claiming medical leave—may be terminated for fraud or policy violations.

Reduction in Force (RIF) or Business Restructuring

If your company eliminates your role as part of a larger reorganization, you can be terminated even if you are on FMLA leave. The key is whether the decision applies equally to other employees and is unrelated to your leave.

Expiration of FMLA Leave

If you cannot return after 12 weeks, the FMLA no longer protects your job. At that point, termination may be lawful, although other laws like the Americans with Disabilities Act (ADA) could apply.

Unlawful Termination While on FMLA

FMLA Retaliation

Employers may not punish or fire employees for taking leave. If your termination decision was tied to your leave request or absence, that is retaliation.

Interference With FMLA Rights

It is also unlawful for an employer to interfere with your ability to exercise FMLA rights. Examples include:

• Denying reinstatement to your original or an equivalent role.
• Using your FMLA leave against you in performance evaluations.
• Manipulating layoffs or reviews to single out employees on leave.

Red Flags of Unlawful Termination

• Sudden poor evaluations after requesting leave.
• Job reassignment to a lesser role upon return.
• Termination close in time to your FMLA request.

What To Do If You Are Terminated While on FMLA Leave

Gather Evidence

Keep copies of all emails, leave approvals, performance reviews, and disciplinary notes. Documentation is key to proving retaliation or interference.

Consult an Employment Attorney

An experienced FMLA lawyer can review your records, evaluate whether your termination was lawful, and explain your options. In my practice, I have represented both employees and employers in FMLA disputes. I’ve seen how strong evidence can turn a case in an employee’s favor.

Contact the Department of Labor

The Wage and Hour Division investigates FMLA complaints. Filing a claim can prompt a government inquiry into your employer’s practices.

Consider Internal Grievance Procedures

Some cases resolve within the company before escalating. Using HR channels may preserve your position or strengthen your case later.

How Courts Have Viewed FMLA Termination Cases

Courts look closely at timing, documentation, and consistency. For example, in a case involving Kmart, an employee was terminated for “poor performance” while on medical leave. The issue? She had received an excellent evaluation only weeks earlier. The court found the employer used FMLA leave against her, ordered reinstatement, and awarded damages.

This shows how courts weigh whether the employer’s stated reason holds up against the employee’s documented history.

FMLA and Other Laws That May Apply

Americans With Disabilities Act (ADA)

If your condition qualifies as a disability, your employer must consider reasonable accommodations even after FMLA leave ends. For example, extended leave or modified duties may be reasonable under the ADA.

Texas Law

Texas does not have a state equivalent to the FMLA, so employees rely on federal law. However, other claims—such as wrongful termination or disability discrimination—may also be available.

Practical Tips for Employees Concerned About FMLA Termination

• Get approvals in writing. Always request a written response from HR.
• Keep records. Save emails, medical certifications, and notices.
• Stay in communication. Regular updates to HR reduce misunderstandings.
• Consult early. A lawyer can flag issues before termination occurs.

When to Speak With a Houston Employment Lawyer

If you were terminated while on FMLA leave, do not assume your employer acted lawfully. Retaliation and interference claims are common, and you may be entitled to reinstatement, lost wages, or other remedies.

At Craighead Law Firm, I have represented employees in FMLA disputes and employers accused of retaliation. That experience allows me to see both sides of the issue and give clients practical advice rooted in real litigation outcomes.

Protecting Your Rights Under FMLA

FMLA exists to give employees peace of mind during life’s most difficult moments. If you were terminated while on FMLA leave, the law may protect you. Document your case, seek legal advice quickly, and assert your rights.

Contact Craighead Law Firm today for a consultation if you believe your FMLA rights were violated.