Wrongful Termination While on Medical Leave or FMLA in Michigan: Employee Rights
Firing an eligible employee simply because they took approved medical leave is a direct violation of the federal Family and Medical Leave Act (FMLA). However, the employee must prove the termination was retaliation for the leave and not a standard, unrelated company layoff.
The Thin Line Between Legal Layoffs and Wrongful Firing
Getting sick or needing to care for a dying loved one is stressful enough without the fear of losing your job. Fortunately, 29 U.S.C. § 2615 provides robust protections for eligible employees, granting them up to 12 weeks of unpaid, job-protected leave per year. It is strictly illegal for an employer to retaliate against you or terminate your employment for exercising your FMLA rights. However, Michigan employers are legally permitted to lay off employees who are on FMLA if the layoff would have happened regardless of the medical leave (e.g., the company is closing an entire department). The core of a wrongful termination lawsuit is proving that your leave was the motivating factor behind your firing.
Fired Immediately After Returning to Work
A common scenario is an employee returning from a 6-week medical leave, only to be fired on their first day back. Employers will often claim the termination is due to 'poor performance' that was suddenly discovered while the employee was away. If your performance reviews were consistently positive before your surgery, but you are abruptly fired upon return, this timing creates a strong presumption of FMLA retaliation. A skilled lawyer will help you gather your past performance evaluations to destroy the employer's cover story.
Terminated While Caring for a Sick Family Member
FMLA does not just cover your own illnesses; it protects you when you need to care for a spouse, child, or parent with a serious health condition. If you arrange intermittent leave to take your mother to chemotherapy every Friday, and your manager suddenly fires you for 'attendance issues,' they are likely violating federal law. The law explicitly forbids employers from counting FMLA-approved absences against you under a no-fault attendance policy.
Fired Before FMLA Approval
What happens if you submit your FMLA paperwork, but your employer fires you before it is officially approved? As long as you provided sufficient notice of your need for leave (usually 30 days for foreseeable medical issues, or as soon as practicable for emergencies), firing you to prevent you from taking the leave is illegal. Employers cannot race to fire you before HR processes the doctor's certification just to avoid FMLA obligations.
Step-by-Step Process in Michigan
If you suspect you were fired in violation of your FMLA rights, it is crucial to take immediate, documented steps to build your case.
Step 1: Secure Your Medical Documentation. Ensure you have copies of all medical certifications and communications with your HR department regarding your leave request.
Step 2: File a Federal Complaint. You have the option to file a complaint directly with the federal agency that enforces the FMLA. You can submit this to the U.S. Department of Labor Wage and Hour Division, Detroit or the U.S. Department of Labor Wage and Hour Division, Grand Rapids.
Step 3: Consult an Employment Lawyer. Because federal agencies are often backlogged, many workers choose to hire a private attorney from our US Lawyers directory to file a lawsuit directly in federal court rather than waiting for an agency investigation.
Step 4: File the Lawsuit. Your attorney will file the lawsuit in the appropriate federal district court, such as the U.S. District Court for the Eastern District of Michigan, Detroit or the U.S. District Court for the Western District of Michigan, Grand Rapids, demanding compensation for your lost wages and violated rights.
How Much Does it Cost in Michigan?
| Legal Step | Estimated Cost |
|---|---|
| Filing a DOL Complaint | Free of charge, but investigations can be slow |
| Federal Court Filing Fee | $405 to file a civil action in U.S. District Court |
| Attorney Contingency Fee | Usually 33.3% to 40% of the final settlement or jury award |
How Long Does the Process Take?
Filing a complaint with the Department of Labor may take 6 to 12 months just for an investigator to be assigned. If you file a private lawsuit in federal court in Michigan, the process typically takes 12 to 18 months, depending on the discovery phase and whether the employer chooses to settle early to avoid a public trial.
Frequently Asked Questions (FAQ)
Do all employers have to provide FMLA?
No. FMLA only applies to companies with 50 or more employees working within a 75-mile radius. Additionally, you must have worked for the employer for at least 12 months and logged at least 1,250 hours in the past year to be eligible.
Can they cancel my health insurance while I am on FMLA?
No. Your employer is legally required to maintain your group health insurance coverage under the same terms and conditions as if you had not taken leave. You are still responsible for your standard premium contributions, however.
What are liquidated damages in an FMLA case?
If you win an FMLA wrongful termination lawsuit, the court may award 'liquidated damages.' This effectively doubles your lost wages award, punishing the employer for acting in bad faith.
Can my employer force me to use vacation time during FMLA?
Yes. Employers are allowed to require you to substitute your accrued paid leave (like PTO or sick days) to cover some or all of your otherwise unpaid FMLA leave period.
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