🇺🇸 US · Employment Law · Updated 2026-06-27
Can my employer fire me while I am on FMLA leave?
Generally no — firing an employee because they took or requested FMLA leave is illegal retaliation. However, employers can still terminate for legitimate, pre-existing reasons (performance, layoffs) if they can prove the reason is unrelated to the FMLA leave.
The FMLA prohibits employers from interfering with, restraining, or denying FMLA rights — and from retaliating or discriminating against employees who exercise those rights. Firing someone because they took FMLA leave is illegal. The burden shifts to the employer to show the termination was for a reason unrelated to the protected leave.
Employers can lawfully terminate during FMLA leave if: the employee would have been terminated regardless of the leave (e.g., a pre-planned layoff that includes the employee's position); the employee committed serious misconduct before or during leave; or the employee fails to provide required medical certification or cannot perform the essential functions of their job even with reasonable accommodation after the 12 weeks expire.
If you believe you were fired in retaliation for FMLA leave, you can file a complaint with the Department of Labor's Wage and Hour Division or bring a private lawsuit within 2 years (3 years for willful violations). Remedies include reinstatement, back pay, and liquidated damages.