Solomon Krevsky, Clark & Krevsky LLC, 20 Erford Rd., Suite 300A, Lemoyne PA 17043, 717-731-8600, [ Ссылка ]
This is a common fact pattern that we address in our office. The answer is you can. You can be fired for taking leave, however, the FMLA is very clear that taking or requesting FMLA is protected activity, meaning that the employer cannot retaliate against you for the request for or the use of FMLA leave. Now the exception to that is if the employer terminates for a legitimate business reason. So for example, if you were a second shift worker and you were out on FMLA leave and during the course of your FMLA leave the employer eliminated all second shift operations. The fact that you're on FMLA leave during that time does not protect you from termination, so in that instance, the employer could lawfully terminate your employment even though on FMLA leave.
