Can I be fired if I need to take care of a family member?


There are many benefits associated with employment such as the security of a steady and reliable income, increased happiness due to a sense of belonging, improvement of physical and mental health, and having the ability to utilize and refine your skills and knowledge. The perks of employment often increase over time. For example, employees are granted paid time off, family, and medical leave once they hit a certain length of employment at work. Furthermore, qualified employers are required by law to give qualified employees time off for family and medical reasons. When employees inquire about family or medical leave, employers are not allowed to retaliate by threatening to demote, transfer, take away benefits, or reduce pay.

For illustration, if an employee takes twelve weeks of leave due to a spouse’s complicated surgery and recovery process, he or she is protected. If the employee returns and the employer has moved someone into their position, this is considered a form of retaliation because your employer has demoted you. If this is the case, you should seek legal counsel from a trustworthy and experienced attorney!

According to the U.S Department of Labor, The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Here’s what eligible employees are entitled to:

  • Twelve workweeks of leave in a 12-month period for:
    • the birth of a child and to care for the newborn child within one year of birth;
    • the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
    • to care for the employee’s spouse, child, or parent who has a serious health condition;
    • a serious health condition that makes the employee unable to perform the essential functions of his or her job;
    • any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
  • Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

The FMLA is intended to provide families with the time and resources to deal with family emergencies, while also guiding employers with best practices according to the law to properly handle certain situations. Family and medical leave is a right for qualified employees of qualified employers. If you’ve been wrongly denied FMLA leave or suffered from retaliation from your employer, Miracle Mile Law Group can help you!