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Can I collect Fmla if I was just fired?

Hawthorne, CA |

Can I collect if I Just got fired?

Attorney Answers 4


It is difficult to make sense of this question. FMLA is an an entitlement to unpaid leave time based on certain factual circumstances. There is nothing to collect. If you are fired, you will not be on leave from your employment.

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If you were just fired you should apply from unemployment benefits immediately as there is a one week waiting period. You can apply online at:

In addition, the federal Family Medical Leave Act provides for UNpaid medical leave to care of close family members and relatives as well as protects you from retaliation for taking that leave. If the employer violates your FMLA rights you can recover monetary damages, liquidated damages (double damages as a penalty) and reasonable attorney fees. The California Family Rights Act provides similar protections. However, your question provides no facts indicating whether FMLA or CFRA apply.

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It appears you misunderstand what the Family and Medical Leave Act (FMLA) is. Please look at my Avvo guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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The answer is no. However, if you were fired because you were disabled and needed time off, there might be a violation of your rights. If that is the case, it is important that you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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