Managing layoffs is already a delicate task, but when an employee is out on Family and Medical Leave Act leave, employers in Florida must tread especially carefully. While the FMLA grants job protection during approved leave, it does not fully shield employees from being part of a legitimate reduction in force.
What FMLA protects and what it does not
The FMLA gives eligible workers up to 12 weeks of leave for certain medical or family reasons, including serious health conditions or pregnancy. This leave is unpaid, but it means the workers have some protection for their employment. During this time, employers must return the employee to the same or an equivalent job, if that job still exists.
If a position is eliminated due to company downsizing or restructuring, the leave itself does not insulate the role from being cut. However, FMLA does not prevent employers from making business-driven decisions that impact positions held by those on leave.
To avoid legal consequences, employers must demonstrate that a layoff would have happened regardless of FMLA status. This involves clear documentation as such. This can include organizational charts or budget reports showing why cuts are necessary. It can also include written policies showing that selection for layoff followed established criteria. And, the documentation mut show the consistent application of layoff procedures to all staff, not just those on leave.
Pregnancy-related leave needs extra caution
When an employee takes leave due to pregnancy or childbirth, both the FMLA and the Pregnancy Discrimination Act come into play. Employers must be extremely cautious not to give the impression that pregnancy or related leave influenced the decision. It is critical to document that the layoff was part of a broader, unbiased business decision.
Even though the law allows layoffs during FMLA leave, Florida employers must follow strict guidelines to ensure the decision is lawful. This means using objective criteria, maintaining solid documentation and being prepared to explain the decision clearly. By understanding the boundaries of FMLA protections and documenting every step carefully, Florida employers can carry out lawful layoffs while maintaining compliance and fairness in the workplace.