“Should I Pursue FMLA Amid Layoffs? Worried About Job Security #FMLA #JobSecurity #MedicalCondition
Have you ever had a situation where you needed to consider taking FMLA leave for a medical condition, but then layoffs were announced at your workplace? If so, you’re not alone. Many employees find themselves in this dilemma. Let’s break it down:
### Appointment with PCP
– Had appointment with PCP who agreed to fill out FMLA paperwork
– Haven’t informed HR yet due to wanting PCP’s opinion first
– Medical condition requires FMLA for monthly flare-ups
### Layoffs Announcement
– Company-wide lay off email sent hours after PCP appointment
– Not getting laid off, but concerned about future rounds
### The Dilemma
– Worried about filing FMLA and potentially becoming a target
– Unsure if over-worrying or valid concern
### Seeking Advice
– Is it worth pursuing FMLA despite layoff concerns?
– Can FMLA protect my job in case of future layoffs?
If you’re in a similar situation, share your experience or seek advice on how to navigate this challenging decision. Your health is a top priority, but job security is crucial too. Let’s find a balanced solution together!”
You’re better off having medical documentation for absences than not.
If you’re going to be laid off, they will do it whether or not you have FMLA. Don’t skip the FMLA because you can get fired because of absences without it.
Continue filing for FMLA. The law is there to protect your absences, so they cannot use those absences or the fact that you’re filing for FMLA as a reason to terminate you. Well, at least they cannot do that without the DOL being VERY interested in what they are doing. 😂
FMLA won’t necessarily protect you from a layoff. FMLA protects your job for up to 12 weeks for absences related to your own health condition, care of a family member, or bonding with a newborn child. FMLA does not protect your job from being terminated for other reasons. However, if an employer is going to terminate an employee while they are on FMLA for reasons not related to FMLA, their legal counsel will advise them to have every reason thoroughly documented, because they are likely to get kickback about it. Some may just wait until you run out of FMLA to avoid the trouble.
I understand that may not be comforting, but go for the FMLA. Once approved, it will protect those medical related absences under Federal law. One less thing to worry about, imo.