Can a worker on FMLA be terminated for cause?

Can a worker on FMLA be terminated for cause?

• A. No
• B. Only after 30 days
• C. Only after a performance review
• D. Yes

Answer: (C)

When someone is on FMLA leave, the protection is against interference with rights or retaliation for taking leave, not a blanket shield from termination. A termination for legitimate performance or misconduct can still occur, provided the decision is not based on the fact the employee was on leave. The idea of waiting for a performance review before termination reflects a structured, documented approach: a formal review records the performance issues, gives the employee a chance to respond or improve, and creates a clear, defensible basis for firing if problems persist. Without that documented step, a termination could appear tied to the leave rather than to actual performance.

When someone is on FMLA leave, the protection is against interference with rights or retaliation for taking leave, not a blanket shield from termination. A termination for legitimate performance or misconduct can still occur, provided the decision is not based on the fact the employee was on leave. The idea of waiting for a performance review before termination reflects a structured, documented approach: a formal review records the performance issues, gives the employee a chance to respond or improve, and creates a clear, defensible basis for firing if problems persist. Without that documented step, a termination could appear tied to the leave rather than to actual performance.