If you are laid off during medical leave/FMLA, does your 60 day notice start immediately or does it start on the day you are scheduled to return from medical leave?
12 replies (most recent on top)
Not in regard to the OP, but to the commenter ( @hbk+1tS3wCFV) who said you can't be fired while on FMLA and you should sue and report it to the EEOC......check your facts before you go spouting off providing someone completely false advice. This "you can't be fired while on FMLA and it's illegal to do so" is said so often and it makes me beyond irritated that people believe this and tell others , which then leaves them with false hope and incorrect beliefs. You can ABSOLUTELY be fired while on FMLA so long as the termination was for legitimate, non-discriminatory reasons (read: they're not firing you ONLY because you took a qualifying FMLA leave). For example, an investigation into your actions prior to going on leave is finalized while you're on FMLA and that investigation substantiates your alleged misconduct. Guess what? You can be fired for this EVEN THOUGH YOU'RE ON FMLA......because they're not firing you BECAUSE of you taking FMLA, they're firing you for a LEGITIMATE BUSINESS reason you would have been terminated for, regardless of whether you were on FMLA or not. Same thing with layoffs. If an employer can support/articulate/prove their reason for laying you off is NOT related to you taking FMLA (for example, they're laying off all non-hub location people and you're a non-hub person, so the layoff is not because you exercised your right to FMLA), they are NOT VIOLATING FMLA LAWS.
Let me say it again for those in the back..........FMLA ONLY protects your job while on leave in regard to a termination or release of your position due to you exerting your right to take that leave. It does NOT protect you from being fired/laid off for reasons that would have been warranted regardless of FMLA. FMLA is only there to ensure you are afforded all the privileges/benefits with those not on FMLA......it does NOT give you an unfair advantage against those not on FMLA......meaning just because your coworker isn't taking FMLA and you are..........you are not protected anymore than they are for normal terminable offenses. By making you more protected would be reverse discrimination........favoring those on FMLA above those who are not.
For the love of all that is holy, if you don't believe what I have written, just freaking do a google search so you can once and for all stop spreading this misinformation.
Why would anyone upvote this garbage?
People like you are literally what’s wrong with morden society. Your grandfather and great grandfather would be embarrassed.
They cannot fire you when you are on FMLA. Hire a lawyer and sue them for illegal firing. Report the case to EEOC.
I received notice of my position being eliminated 2 weeks into a 10-week medical leave. My severance packet “can’t be generated because of a system issue”, according to the HR number, but I have a date of separation, which is 2 months after the notice date and a few days after I get back from leave. So in my case, my notice is concurrent with my FMLA, which I thought was illegal until I looked it up. Apparently if this was a planned displacement, their butts are covered.
Whoever delivers the message will let you know. But, is your question really "Will I be targeted for a layoff if I go on FMLA"? The answer is no. Seriously, when you are expending $960+ million in severance do you think they are going to care about picking people they don't like? Nope. They have action plans called 'location strategy'; you all know if you will be affected or not. It's likely that well over 80% of the layoffs will be due to that. The other less than 20% will be much more indepth well thought out plans on whether they think a role is needed or not. Paying you for a few months FMLA is a pittance to what they have to spend. No motivation for managers to cut expenses by thousands on payroll. Execs are working on millions in expense reductions and one or 2 people on FMLA are not worth focusing on. So, they will play the legal cards right in this.
That's the long answer. Short answer is you should not be affected by taking FMLA. Your name is already on the list or it is not.
The end of your leave or 60 days, whichever is longer. Then there is the 45 day OWBPA, that can not run while you are on leave. Usually takes them 2 weeks after you return from leave, before they figure that out.
Call them. The hr people handing the layoffs are very nice
I was told by WF’s short term disability folks (Lincoln) that it starts when you receive the packet in the mail. Apparently you get it in the mail when on leave.
Wow, straight up attack as usual. Probably a liberal looking to squeeze as much time off as possible.
@gxb+1tS3wCFV Your reading comprehension is lacking. I simply asked when my notice period would take effect if I am displaced while on FMLA leave.
Why do you need FMLA when laid off?
It coincides unfortunately.