Serving Clients In Carver County And Throughout The Greater Minneapolis – Saint Paul Region

FMLA and wrongful termination

On Behalf of | Jun 5, 2023 | Wrongful Termination |

Losing one’s job is a distressing experience, especially under unfair circumstances. Wrongful termination is a serious issue that can have devastating consequences for employees and their families. Many situations may lead to wrongful termination. One of these is when an employer violates an employee’s rights under the Family and Medical Leave Act (FMLA).

The Family and Medical Leave Act

The FMLA is a federal law designed to provide eligible employees with unpaid, job-protected leave for specific family and medical reasons.

FMLA leave can be taken for various reasons, including:

  • Serious health condition: Employees can take FMLA leave to address their own serious health conditions that make them unable to perform their job.
  • Family care: Employees can take FMLA leave to care for their newborn or newly adopted child. It can also be used to look after a child, spouse or parent with a serious health condition.
  • Military family leave: Employees with family members serving in the military can take FMLA leave. They can use it to address qualifying exigencies or care for an injured service member.

Under the FMLA, eligible employees have the right to take up to 12 weeks of unpaid leave. They can use this within a 12-month period without the fear of losing their job. It aims to balance the demands of the workplace with the needs of employees facing serious health conditions or family responsibilities.

Protections against wrongful termination

FMLA provides essential protections to employees to prevent wrongful termination. Employers are prohibited from:

  • Interfering with an employee’s FMLA rights
  • Retaliating against employees for exercising those rights
  • Discriminating against employees who request or take FMLA leave

Wrongful termination can occur when an employer fires or demotes an employee solely based on their use of FMLA leave.

Seeking remedies for wrongful termination

If an employee believes they have been wrongfully terminated for FMLA-related reasons, they have several options for seeking remedies. These include:

  • Contact HR or management: Employees can initiate a conversation with their human resources department or management to discuss the issue and seek a resolution.
  • File a complaint: If internal avenues prove ineffective, employees can file a complaint with the Wage and Hour Division of the Department of Labor or consult an employment attorney to explore legal options.
  • Document evidence: It is crucial for employees to keep a record of all relevant documents, such as emails, letters or other forms of communication to support their claim of wrongful termination.

Wrongful termination due to FMLA is a violation of employee rights. It can have severe consequences for individuals and their families. By familiarizing themselves with this law, employees can assert their rights and protect their employment security.



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