Does the FMLA protect employees from being fired while on FMLA leave?

Yes, the Family and Medical Leave Act (FMLA) does protect employees from being fired while on FMLA leave in Washington. The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons. The FMLA also requires employers to maintain in-force health benefits during the leave period and to reinstate the employee to the same or an equivalent position after the employee’s leave. This means that the employee’s job should be waiting for them upon returning from FMLA leave. If an employee is discharged or demoted while on FMLA leave, the employer may be held liable for violating the law. In Washington, it is illegal for employers to retaliate against employees for taking FMLA leave. If an employee believes their employer has violated the law by discharging or demoting them while on FMLA leave, they can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. The agency will investigate the complaint and determine whether the law has been violated. If the employer is found to have violated the law, the employee may be entitled to compensation.

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Does the FMLA protect employees from being fired while on FMLA leave?

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