Posted on September 30, 2026

Yes, an employer may be able to fire an employee while they are on FMLA leave. However, an employer cannot terminate an employee because the employee requested or used protected leave under the Family and Medical Leave Act (FMLA).

The FMLA provides eligible employees with job-protected leave for qualifying family and medical reasons. It also prohibits employers from interfering with an employee’s FMLA rights or retaliating against an employee for exercising those rights.

If you were fired while on FMLA leave, the reason your employer gave for the termination—and whether that reason is supported by the facts—may be important in determining whether your employer violated the law.

What Is FMLA Leave?

The FMLA is a federal law that provides eligible employees with unpaid, job-protected leave for certain family and medical reasons. Eligible employees may take up to 12 weeks of medical leave a year. The FMLA provides that employees may qualify for protected leave for any of the following reasons:

A serious health condition preventing the employee from performing their job.
Caring for a spouse, child, or parent with a serious health condition.
The birth of a child.
The adoption or foster placement of a child.

Employees must meet specific eligibility requirements, including requirements concerning their length of employment, hours worked, and employer coverage.

Is It Legal to Fire Someone While They Are on FMLA?

The FMLA does not provide complete protection from termination. An employer may be able to terminate an employee during FMLA leave for a legitimate reason that is unrelated to the employee’s use of protected leave. For example, an employer may be able to terminate an employee because of:

A legitimate reduction in force.
Elimination of the employee’s position.
Business closure.
Documented misconduct.
A legitimate performance issue.
A reason for which the employee would have been terminated even if the employee had not taken FMLA leave.

What Is FMLA Retaliation?

FMLA retaliation occurs when an employer takes an adverse employment action because an employee exercised or attempted to exercise rights protected by the FMLA.

Examples of potential FMLA retaliation include:

Firing an employee after the employee requests FMLA leave.
Demoting an employee because the employee used FMLA leave.
Reducing an employee’s hours because of protected absences.
Giving an employee unjustified disciplinary warning.
Denying a promotion because an employee took medical leave.
Terminating an employee for complaining about an alleged FMLA violation.

Does Timing Prove FMLA Retaliation?

Being terminated shortly after requesting or taking FMLA leave may be relevant evidence, but timing alone does not automatically establish unlawful retaliation.

Other evidence may be important, including:

Negative comments about your medical leave.
Inconsistent explanations for your termination.
Different treatment of employees who did not take FMLA leave.
An employer’s failure to follow its usual disciplinary procedures.

Whether a termination was retaliatory depends on the facts and the evidence surrounding the employer’s decision.

What Is FMLA Interference?

FMLA interference occurs when an employer interferes with, restrains, or denies an employee’s exercise of rights under the FMLA.

Examples may include:

Discouraging an employee from taking FMLA leave.
Refusing to approve qualifying leave.
Penalizing an employee for using protected FMLA leave.
Using FMLA leave as a negative factor in employment decisions.

Does Alabama’s At-Will Employment Law Affect FMLA Rights?

Alabama is an at-will employment state which means an employer may end an employment relationship at any time, for any reason, or for no reason at all. However, at-will employment does not allow an employer to violate federal employment laws.

An Alabama employer cannot terminate an employee because the employee exercised rights protected by the FMLA. Whether a termination was lawful depends on the reason for the decision and the evidence supporting it.

If you believe you were terminated because you requested or took FMLA leave, speak with an employment attorney. FMLA claims involve important deadlines and legal requirements. An employment lawyer can review the circumstances of your termination and explain whether you may have a claim for FMLA interference, retaliation, or another employment law violation.