You just told your boss you need time off to recover from surgery. Or maybe you need to care for your newborn baby or help your aging parent through a health crisis. You’ve heard about FMLA leave, but there’s one question keeping you awake at night—can your employer fire you for taking it?
The short answer is no, but with important exceptions. Your boss cannot fire you because you took FMLA leave. That’s illegal. But they can fire you while you’re on FMLA leave if they have a legitimate reason that has nothing to do with your leave. The difference between these two scenarios matters more than you might think.
What Does FMLA Actually Protect in Maryland?
The Family and Medical Leave Act is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave each year. The law applies throughout Maryland and across the United States. Under 29 U.S.C. § 2601 et seq., covered employers must allow qualifying employees to take time off for specific reasons without losing their jobs.
You can use FMLA leave for your own serious health condition, to care for a spouse, child, or parent with a serious health condition, to bond with a new child (through birth, adoption, or foster care), or to handle certain military family situations. The law requires your employer to maintain your health insurance during your leave and return you to the same position or an equivalent one when you come back.
In Maryland, you need to work for an employer with at least 50 employees within a 75-mile radius. You must have worked for your employer for at least 12 months and logged at least 1,250 hours during the previous year. If you meet these requirements and work at a location with at least 50 employees within 75 miles, the law protects you.
Maryland also has its own Parental Leave Act for smaller employers with 15 to 49 employees who are not covered by Federal FMLA. Under Md. Code, Labor and Employment § 3-1201 through § 3-1205, these employers must provide six weeks of unpaid leave for the birth, adoption, or foster placement of a child. As of October 1, 2025, Maryland law clarifies that employers covered by federal FMLA are excluded from the Maryland Parental Leave Act. This leave law applies only to private employers with 15 to 49 employees who are not covered by FMLA in the current calendar year.
Federal Law Says You Cannot Be Fired for Exercising Your Rights
The FMLA includes strong anti-retaliation protections. According to 29 U.S.C. § 2615, it’s unlawful for any employer to interfere with, restrain, or deny the exercise of any FMLA right. The law also prohibits employers from discriminating against or retaliating against anyone for taking FMLA leave.
This means your employer cannot use your request for leave or your actual use of leave as a reason to fire you, demote you, deny you a promotion, cut your pay, or take any other negative action against you. They cannot count FMLA leave against you in a no-fault attendance policy. They cannot give you a bad performance review just because your numbers dropped while you were out on protected leave.
The U.S. Department of Labor enforces these protections. If your employer violates them, you can file a complaint with the Wage and Hour Division or bring a private lawsuit against your employer. The law gives you two years to take action (three years if the violation was willful).
How Retaliation Actually Happens in the Workplace
Retaliation doesn’t always look obvious. Your employer probably won’t tell you they’re firing you for taking FMLA leave. Instead, they might suddenly find performance problems they never mentioned before. They might claim your position was eliminated in a restructuring that just happened to occur while you were on leave. They might say you violated company policy in ways that weren’t enforced against other employees.
Courts look at timing and patterns. If you had stellar performance reviews for years but got fired shortly after requesting FMLA leave, that timing raises red flags. If your employer treated other employees differently when they had performance issues but fired you immediately after your return from leave, that suggests discrimination.
Some employers discourage employees from taking leave in the first place. They might tell you they’re short-staffed and really need you. They might imply that taking leave will hurt your chances for advancement. They might make you feel guilty or suggest that other employees will resent you. All of these tactics can interfere with your FMLA rights.
When Can Your Employer Legally Fire You While You’re on FMLA Leave?
FMLA protects your right to take leave, but it doesn’t guarantee absolute job security. Your employer can terminate you if the reason is legitimate, non-discriminatory, and unrelated to your leave. Key question: Would you have been fired even if you hadn’t taken leave?
Company-wide reductions or closures. Termination may be legal if your position is eliminated due to a legitimate reduction in force, department shutdown, or location closure, and FMLA leave wasn’t a factor.
Pre-existing performance issues. Employers can fire you for documented performance problems or misconduct that existed before your leave, including situations discovered during your absence. Examples include falsified time records or being on a performance improvement plan.
Misconduct discovered during leave. If legitimate misconduct comes to light while you’re on leave, your employer may lawfully terminate your employment.
Employer’s burden of proof. Your employer must show their reason for termination is legitimate. This includes proper documentation, following usual procedures, and demonstrating they would have taken the same action against any employee in the same situation, regardless of FMLA leave.
Red Flags That Suggest Illegal Termination
Several warning signs can indicate your firing violated FMLA protections. Watch for these patterns.
Suspicious timing matters. If you were fired immediately after requesting leave, right before your leave was scheduled to start, during your leave, or shortly after returning from leave, the timing itself suggests a connection between your leave and your termination.
Sudden performance problems raise concerns. If your employer never mentioned performance issues before your leave but suddenly claims you were underperforming, that inconsistency matters. Look for documentation of your past performance reviews and any prior disciplinary actions.
Inconsistent treatment is telling. Did your employer give other employees second chances for similar issues but fire you immediately? Did they enforce policies strictly against you but not against coworkers who didn’t take FMLA leave? Disparate treatment can prove discrimination.
Sometimes employers provide reasons for termination that don’t hold up when examined closely. If your boss claims your position was eliminated but immediately hired someone else to do your job, that’s evidence of pretext. If they say you abandoned your job but you have emails confirming your approved leave, that’s pretext.
Pay attention to what managers say. Comments like “we need someone more reliable” or “I can’t believe you’re leaving us short-staffed” or “maybe this job isn’t the right fit if you have so many family obligations” can show discriminatory intent.
Maryland’s Upcoming Paid Family and Medical Leave Program
Maryland is launching a new Family and Medical Leave Insurance (FAMLI) program. Starting January 1, 2027, employers and employees will begin making contributions to the program. By January 3, 2028, eligible workers will be able to receive up to $1,000 per week for up to 12 weeks of leave.
FAMLI will run alongside federal FMLA protections. The program covers all Maryland employers and provides wage replacement similar to FMLA leave. Job protection for FAMLI leave is provided through concurrent FMLA or Maryland law, not automatically stronger than federal law. Workers on FAMLI leave may only be terminated for legitimate reasons unrelated to their leave.
FAMLI leave and FMLA leave will run concurrently when both apply. If you are eligible for both, you receive wage replacement through FAMLI while your job remains protected under FMLA or Maryland law. FAMLI does not create additional leave time; it provides payment for the leave period you are already entitled to.
Steps to Take if You Believe You Were Illegally Fired
If you suspect that your employer fired you because you took or requested FMLA leave, acting quickly is crucial. Protecting your rights requires careful documentation, understanding your legal options, and, in many cases, consulting an attorney. Taking the right steps early can make a significant difference in the success of your claim.
Here’s what to do:
- Act quickly and document everything. Save emails, text messages, performance reviews, and any other evidence related to your employment, leave request, and termination. Write down dates, names of people involved, and the exact details of conversations. Ask coworkers who witnessed relevant events if they are willing to provide statements.
- Know your options for pursuing a claim. You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division, which may investigate and take action. Alternatively, you can bring a lawsuit in federal or state court. The statute of limitations is generally two years from the date of the violation, or three years if the violation was willful.
- Consult an employment attorney. An attorney who specializes in FMLA cases can evaluate your situation, explain your rights, and recommend the best course of action. Many employment attorneys work on a contingency basis, meaning you only pay if you win your case.
What You Can Recover if Your Rights Were Violated
If your employer violated your FMLA rights, the law provides several ways to make you whole. You may be entitled to:
- Lost wages and benefits. Recover any salary, employment benefits, or other compensation lost due to the violation, including back pay from the date of termination until trial or settlement.
- Liquidated damages. Receive an additional amount equal to your lost wages and benefits, effectively doubling your recovery, unless your employer proves they acted in good faith and reasonably believed they weren’t violating the law.
- Equitable relief. The court can order remedies such as reinstatement to your job, promotion to the position you would have received, or other solutions tailored to your situation.
- Attorney’s fees and court costs. If you win your case, recover the cost of hiring an attorney and any court-related expenses.
Key Takeaways
- You cannot be fired for taking FMLA leave; federal law prohibits retaliation and discrimination.
- Employers can terminate you only for legitimate, non-discriminatory reasons unrelated to your leave.
- Watch for red flags like suspicious timing, sudden performance issues, inconsistent treatment, or pretextual reasons.
- Maryland employees are protected under federal FMLA and may also qualify for state leave laws, including the upcoming FAMLI program for wage replacement.
- If you believe you were illegally fired, document everything and consult an employment attorney promptly.
- You may be entitled to remedies such as back pay, reinstatement, liquidated damages, and recovery of attorney’s fees.
Frequently Asked Questions
Can my employer require me to use vacation or sick time during FMLA leave?
Your employer can require you to use paid leave concurrently with FMLA leave if their policies allow it. You can also choose to use your accrued paid leave. The paid leave runs at the same time as your FMLA leave, so it doesn’t extend your total time off.
What if my employer says I abandoned my job because I took leave?
If you properly requested and received approval for FMLA leave, you didn’t abandon your job. Your employer cannot treat approved FMLA leave as job abandonment. Save all documentation showing you requested leave and received approval.
Do I need a lawyer to file an FMLA complaint?
You can file a complaint with the Department of Labor without a lawyer. However, if you want to file a lawsuit or if your case is complex, having an attorney significantly improves your chances of success.
How long do I have to file a claim after being fired?
You generally have two years from the date of the violation to file a lawsuit. If the violation was willful, you have three years. Don’t wait because evidence disappears and memories fade over time.
Can my employer contact my doctor about my leave?
Your employer can request medical certification and can contact your healthcare provider to authenticate or clarify the certification. However, they cannot ask for your complete medical records or diagnosis details beyond what’s needed to verify your leave qualifies under FMLA.
What if I need more than 12 weeks of leave?
FMLA provides 12 weeks per year for most qualifying reasons (26 weeks for military caregiver leave). If you need additional time, you might have rights under the Americans with Disabilities Act or Maryland’s disability discrimination laws. Talk to an attorney about your options.
Can my employer deny my FMLA request?
Your employer can deny leave if you’re not eligible, if your reason doesn’t qualify, or if you don’t provide adequate medical certification. They must tell you why and give you a chance to correct any problems with your request. Denying leave for no legitimate reason or discouraging you from taking leave violates the law.
What happens to my health insurance while I’m on FMLA leave?
Your employer must maintain your group health coverage under the same terms as if you were still working. You’re responsible for paying your share of premiums. If you don’t return to work, your employer might be able to recover the premiums they paid, depending on the reason you don’t return.
Contact Us
Have you been fired after requesting or taking FMLA leave? Are you worried about retaliation for needing time off? You don’t have to face this situation alone. At The Spencer Firm, LLC in Rockville, Maryland, we represent employees whose rights have been violated. We know the law, we know how employers try to hide retaliation, and we know how to fight back.
Your first step is getting honest answers about your situation. Schedule a consultation with us where we listen to your story, evaluate your case, and explain your options. There’s no obligation and no pressure. We just give you the information you need to make the right decision for yourself and your family.
Don’t let your employer take advantage of you during a vulnerable time. If you believe your FMLA rights have been violated, reach out today. Time matters in these cases, and the sooner you act, the more options you have. Contact The Spencer Firm, LLC now to protect your rights and hold your employer accountable.
