When you’re expecting a baby, life becomes a whirlwind of emotions and preparations. Despite the joy, pregnancy brings physical challenges that can make working difficult. After childbirth, you need time to recover and bond with your newborn, especially if complications arise.
This is exactly why the Family and Medical Leave Act (FMLA) exists. However, workers who worry about job security while on extended time off often choose not to use this benefit.
Your FMLA rights offer job protection
The FMLA provides essential job protection when you need time away for family or medical reasons. Under this federal law, eligible employees can take up to 12 weeks of unpaid leave while maintaining their position. Employers can’t fire you simply for requesting or taking FMLA leave—this counts as illegal retaliation.
To qualify for FMLA protection in Georgia, you must:
- Work for a covered employer with at least 50 employees within 75 miles
- Work for your employer for at least 12 months
- Complete at least 1,250 work hours in the previous year
- Have a qualifying condition, such as pregnancy, a serious health condition or caring for a sick family member
Although terminating employees because of FMLA leave is illegal, employers may have grounds not to approve your leave request if you don’t meet the requirements.
How termination during FMLA leave can be legal
FMLA protects your job during leave, but certain circumstances can still lead to legal termination. Valid reasons might include:
- Company-wide layoffs due to financial difficulties
- Documented performance issues that existed before your leave
- Workplace misconduct
There is one key factor, though. Your employer must demonstrate that their actions are due to business necessity. They need to prove that the decision would have happened regardless of your FMLA leave status.
Take action if you suspect discrimination
If you suspect your Georgia employer fired you because of your FMLA leave, act quickly. Remember, time limits apply when filing complaints with the Department of Labor. Document everything that might support your case, like emails or performance reviews.
It’s also a good idea to consult an employment law attorney specializing in employee rights cases. Standing up for your rights matters not just for you but for all workers who depend on these crucial protections.