Getting laid off while on FMLA leave is not automatically illegal. However, your employer has the burden of proof that the layoff would have occurred anyway, regardless of your leave. This single rule decides most cases.
FMLA Leave Comes With a Restoration Right, Not a Guarantee
Eligible employees get up to 12 weeks of job-protected leave under the Family and Medical Leave Act, plus the right to return to the same job or an equivalent one under 29 U.S.C. § 2614. Eligibility has its own rules: 12 months of employment, 1,250 hours worked in the prior year, and an employer with 50 or more employees within 75 miles, defined at 29 U.S.C. § 2611. The leave entitlement itself runs from 29 U.S.C. § 2612.
The Layoff Exception, and Who Has to Prove What
Federal regulations carve out one specific exception. If your job were to be eliminated during your leave period, even if you had never taken it, due to a reorganization, department closure, or company-wide reduction in force, your employer’s obligations under the FMLA would end at the point of layoff under 29 CFR § 825.216.
The burden lies with the employer, not with you. They must demonstrate that the decision to lay off you was already in place and applied equally to others in a similar position. Documentation plays a significant role here, including reorganization plans, budget decisions, and criteria for layoffs that were already in motion before your leave request was submitted.
Consider the following factors that indicate a legitimate reason for a layoff:
- A company-wide reduction affecting multiple departments, rather than just your department
- A documented decision process that predated your leave request
- Criteria for layoffs, such as seniority or position elimination, that were established and applied prior to anyone knowing you would be taking leave
- You being the only person from your team to be let go. This is the factor that employers find most difficult to explain.
When a Layoff Crosses Into Retaliation
The FMLA specifically makes it unlawful for employers to interfere with, restrict, or deny the rights of employees under the FMLA, or to discriminate against them for using those rights. Federal regulations specify what interference looks like in practice. 29 CFR § 825.220 specifically flags employers who reorganize jobs, reduce hours, or change responsibilities in order to avoid FMLA obligations.
Kentucky Doesn’t Add Its Own Leave Law Here
Kentucky has no separate state law that expands on the federal Family and Medical Leave Act (FMLA). Kentucky employees rely directly on federal law for job-protected medical and family leave. Unlike workers in some other states, who get a second set of state protections added on top, Kentucky Civil Rights Act may give you a separate claim if your leave is tied to pregnancy, disability, or related medical condition. The two claims can be pursued side by side.
The Deadline to Act
FMLA claims have a two-year statute of limitations, which is extended to three years if the violation was willful under 29 U.S.C. § 2617. The U.S. Department of Labor lays out these protections in detail, but the clock doesn’t wait for you to finish reading about them.
Talk to Abney Law Before the Clock Runs Out
If you were laid off during or shortly after the FMLA, the paper trail is more important than what you might remember being told. The reorg announcements, emails about your leave, and who else was laid off all tell a story.
Abney Law can help you figure out whether your employer’s restructuring story holds up and whether the timing indicates something different. Contact Abney Law before the two-year deadline starts working against you.