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Fired while on FMLA.. Do I need an attorney?

Carrollton, TX |

I am on an intermittent leave of absence approved through FMLA. It was approved through May. My job fired me on Thursday for "attendence". Is this allowed?

Attorney Answers 3


  1. The answer will depend on a careful review of the surrounding circumstances. An attorney would need to determine whether (1) your employer is covered under the FMLA, (2) you met the coverage requirements, (3) your absence was protected, and (4) your employer terminated you, at least in part, because of a protected absence. You should consult in person with an employment attorney to get a careful evaluation. Good luck.

    My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.


  2. It may be allowed, or it may have been a violation of the FMLA -- the answer is fact-specific and you should probably consult with an attorney and provide all of the relevant facts if you want to know your options and your rights. That said, being in FMLA leave is no guarantee that you will not be terminated. If you violated attendance rules applicable to the intermittent leave you were on, and if that's why they fired you, then they could prevail on any claim you might file against them. If you didn't break the rules and they are just using that as an excuse, then you might have a meritorious claim.

    This is my opinion and the actual outcome may vary depending on specific facts not mentioned in the question posted - no one should rely on this advice or assume that we have entered into any sort of attorney-client relationship.


  3. That depends on whether the intermittent LOA was related to the attendance issue. For example, if you were approved for FMLA leave for physical therapy but you were terminated for coming in late frequently for reasons unrelated to your physical therapy then the FMLA leave approval would not have any bearing on why you were discharged.

    FMLA can be a sticky subject and many employers do not do a good job of complying with the law, especially when front line managers are interacting with intermittent leave. Whether your rights under FMLA were violated in this situation depends on knowing a lot of facts about your situation that are not presented here and honestly should not be presented here. You need to contact one of us local employment lawyers to discuss your situation. You can find my contact information in the link below.

    Have you filed for unemployment? That is something you should do right now if you believe you were wrongfully terminated.

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