Can a person be dismissed while on FMLA?
*Pros: Legally, here in the United States an employee has the right to take medical leave. The
right for an employee to take medical leave is protected under Family and Medical Leave Act
(FMLA). Qualified employees under FMLA can get up to twelve (12) weeks unpaid leave
without any fear of losing their job. FMLA provides job-protected leave. Employers have rights
to change staff whether or not an employee is on medical leave or not. FMLA does not protect
employees against downsizing, involuntary termination of numerous employees who did
nothing, restructuring of a business or simply termination of a just cause, such as neglect or lack
of performance. Employers also have ‘employment at will’ laws in place. This means an
employer can fire an employee at any time once the reason is legal. Legally, FMLA only applies
to companies with employees with fifty (50) or more employees. So, for smaller businesses,
employers have no worry about FMLA protecting their employees.
Cons: Morally, employees can be fired while on medical leave but is that fair? When an
employee is eligible for FMLA leave, it is usually a very serious issue. These qualifying issues
can include the birth of child, the need to care of a loved one, or even the inability to perform
one’s job functions. Losing your job because any of these life changing events occurred is simply
unheard of. As an employer or a manager, considering how your employee feels is important to
productivity. Employees who have a good relationship with their employer and feel comfortable
at work are usually more productive and effective at their job. When an employee is ready to
return from medical leave or when they run out of medical leave, they generally have the right to
