Mar 5 2025
Amanda DeMatteis: Hi, Josh.
Josh Goodbaum: Hi, Amanda. What are we talking about today?
DeMatteis: I thought we would talk about the Family & Medical Leave Act (or FMLA). Although we talk about the FMLA quite a bit, we had a viewer question that’s a little bit different.
Let’s assume that an employee has been notified that they are going to be laid off at a date sometime in the future, and between the date of notification and the actual layoff date, this employee needs leave under the FMLA for some type of serious medical condition for themselves or a family member. Is an employee entitled to take FMLA leave even though they’ve already been notified that their employment is going to end in the near future?
Goodbaum: Yes. As long as you’re an employee and you meet all the criteria for FMLA leave, you’re entitled to take FMLA leave, even if you’ve received notice of termination.
The real question you might be asking, though, is: “Can I use FMLA leave to postpone my termination? I’ve got 12 weeks of FMLA leave. I know I’m going to be terminated in 2 weeks. Can I take those 12 weeks and still be employed for another 12 weeks?”
And the answer is, maybe, but you don’t have any legal right to continued employment beyond your prescheduled termination date. Your employer is allowed to postpone your termination if they want.
The FMLA is an entitlement to be reinstated to the position you held before you took FMLA leave, if you would not otherwise have been terminated. If you work in a factory that is shutting down while you’re on FMLA leave, you’re not entitled to reinstatement to a job that doesn’t exist. If you’re on FMLA leave and your employer discovers that you have embezzled money, you’re not protected from termination just because you’re on FMLA leave.
So, in this situation, where your employer has already told you you’re gonna be laid off in 2 weeks, taking FMLA leave is not a solution to keep your job past the time when you would otherwise have been terminated.
DeMatteis: Thank you, Josh. That’s really helpful information.
Hey, remember, Connecticut employees, if you are otherwise eligible for CT Paid Leave, you can apply for that leave after you’ve been notified that your employment will be terminated, or even after your employment is terminated. Unlike the FMLA, CT Paid Leave benefits actually survive your employment. So, say, for instance, your employment was going to end on March 1st, but you’re still eligible for CT Paid Leave benefits beyond March 1st, you’ll still get those benefits. So, don’t forget about that if you live in Connecticut.
Thank you so much for watching and we’ll see you next time.
Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in Commentary
Tagged Amanda DeMatteis, FMLA, Joshua Goodbaum
