Can my employer fire me for taking medical leave to care for a sick family member?

What the Law Says

The Family and Medical Leave Act (FMLA) provides job-protected, unpaid leave for eligible employees who need time off for specified family and medical reasons—including caring for a seriously ill family member.

To be eligible for FMLA leave, you must have worked for your employer for at least 12 months (not necessarily consecutive), have worked at least 1,250 hours during the previous 12 months, and work at a location where your employer has at least 50 employees within 75 miles.

Eligible employees may take up to 12 workweeks of unpaid leave in a 12-month period to care for a spouse, child, or parent with a serious health condition. The law prohibits employers from interfering with, restraining, or denying the exercise of FMLA rights—and explicitly forbids retaliation or discharge for taking protected leave.

Your job must be held open for you (or an equivalent position offered upon return), and your employer must maintain your group health insurance coverage under the same terms as if you were still working.

Statutory Text

(a)(1)(C) to care for a spouse, son, daughter, or parent with a serious health condition;

— 29 U.S.C. § 2612 — Leave requirement

Statutory Text

(b)(1) In any case in which an employee is granted leave under subsection (a), the employer shall maintain the employee's health benefits during the period of leave...

— 29 U.S.C. § 2612 — Leave requirement

Statutory Text

(c)(1) Any employer who violates section 2615 of this title shall be liable to any eligible employee affected in the manner set forth in section 2617 of this title.

— 29 U.S.C. § 2612 — Leave requirement

What to Do

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