Can you get laid off while on maternity leave?

I hope so. The thought of having to come back in a few weeks, even if it’s just while looking for a new job, makes me want to die. Having a couple months off really highlited how much of my soul has been eroded from working here. At the beginning of my leave I instantly felt lighter & like a weight of depression had been lifted off my shoulders. Having time off gave me time to realize just how toxic & horrible all the gaslighting & micromanaging is. I had gotten used to it.

Anyway, here’s to hoping I’m laid off on the 12th lolz. Job hunting regardless

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You absolutely can get laid off while on FMLA. I had a past employer that did that to numerous individuals. Keep in mind they had records as to why they were laying them off, months of records that had nothing to do with their FMLA which clears them from any wrong doing.

I don’t think companies care about optics if they do it in small numbers each time they lay people off. Very unlikely that these individuals will figure out who was on FMLA especially if they are in different departments and don't know each other hence less liability or risk. Also, theirs a couple of departments ready to twist a story in a different direction if you sue or go public….HR, Public Relations and Legal!

Yes, you can be.

However, it’s unlikely due to optics.

While I do believe they can, if I were HR and Legal, I would not want to bother with the extra steps needed and potential legal actions to layoff a person during FMLA. It seems so much cleaner to just wait until the person is back to work. Any type of legal action, even if it goes in their favor, is expensive and time consuming.

I'm not a lawyer but my understanding is that if they can prove that you would have been laid off even if you hadn't been on FMLA then it's all legal.

You cannot be laid off while you are on FMLA. I hear you . I felt the same . Returning to work was literally soul crushing

Thread regarding Cigna layoffs

Can you get laid off while on maternity leave?

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