Visitor Question

Fired while on FMLA?

Submitted By: A (Tennessee)

I was out of work on FMLA (Family Medical Leave Act). I left work early because I was having pain in my breast from having a cyst drained and was fired. I still had several weeks left on my FMLA.

My question is, is it legal for them to fire me when I still had time on my FMLA? How long do I have to file a case for wrongful termination? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear A,

From the facts you present, you appear to have a valid claim based your employer’s violation of the Family Medical Leave Act – (FMLA) 29 U.S.C. 2601 et.seq.

Employees who have worked full time for at least 12 months for a qualified company have a right to leave under the FMLA. As long as you filed the appropriate request with your employer under FMLA, and were subsequently granted the leave, you have been wrongfully terminated.

You will have to file your company with the United States Department of Labor. You can call or visit any Wage and Hour Office to ask about the laws or file a complaint. You can also call WHD’s toll-free help line:

1-866-4USWAGE (1-866-487-9243)

Monday-Friday 8 a.m. to 8 p.m. Eastern Time

In addition, you can read frequently asked questions and answers about FMLA here.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 31, 2015

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