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Can an employer request I resign my role as an athletic director while on FLMA? This was one of my titles before leave.

Brooksville, FL |

On leave for two weeks due to depression - will be requesting for an extension of FMLA based on consultation from my neurologist for severe back pain which will impair my job as a pe teacher. Leave may be extended another 6 weeks.

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Attorney answers 2


I wouldn't.


Yes, an employer can fire someone on FMLA leave. However, most would be cautious before they did so as they run the risk of a potential lawsuit if the termination can be tied to the FMLA leave.

As the other attorney noted, most employment lawyers that represent employers would probably generally advise against terminating an employee on FMLA leave.

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