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FMLA and layoffs

HeatherHannaHeatherHanna
in Babies: 0 - 3 Months
How does FMLA apply to layoffs? If I was working 30 hrs a week before maternity leave and they layed off all part time workers while I was on maternity leave do they still have to let me go back to my 30 hrs a week?
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Re: FMLA and layoffs

  • LerxieLerxie member
    In short - no they do not have to let you go back to your 30 hours a week (if your 30 hours put you in the part-time category).
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  • JanimalJanimal member
    Ditto. Sorry.
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  • megs042107megs042107
    FMLA protects you in that your company needs to offer you a comparable job if they cannot give you your job once you return. ?That doesn't necessarily guarantee the number of hours though. ?So, if the company is laying off all part-time workers, they MAY say you need to work full-time once you return or you MAY be laid off. ?
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  • dawnzerdawnzer

    Maybe... Here are the eligibility requirements from the Dept of Labor website:

    Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.??

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  • LerxieLerxie member
    Just to give you a little more information on why this may affect you in the way Megs mentioned - During a reduction in force/layoff, an employer may terminate an employee regardless of FMLA status if the process by which they classify those employees is non-discriminatory and is not related directly to the FMLA leave.
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  • carlab44carlab44 member

    FMLA doesn't actually protect you from layoffs.

    "Terminating Employees on FMLA Leave

    Contrary to what many employers still believe, employees requesting or taking FMLA leave do not receive absolute protection or immunity from termination or layoff. Although the FMLA prevents employers from terminating employees because they are on FMLA leave, employers may continue to layoff, discipline, and terminate employees - even while the employees are on FMLA leave - as long as they do so for reasons unrelated to the FMLA leave. Courts have regularly held that employees on FMLA leave can be terminated for violating company rules, poor performance, or because of a reduction in force."?

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