Fmla

[whitelight]

During the trail period on a job (hourly) can a employer fire a employee for being on FMLA during this time frame?

 

[cbg]

Am employee can NEVER be fired BECAUSE he was legitimately on FMLA leave. However, if the employee would have been fired regardless of whether he was on FMLA or not (due to any valid business reason) then the fact that he is on FMLA doesn't protect his job.

You will need to provide more details if you need a more specific answer, sorry.

 

[enjay]

During a trial period...does that mean you are a new employee? If so, you wouldn't be eligible for FMLA.

 

[cbg]

Good point, enjay, as long as it's the INITIAL trial period. An employee would have to have been with the company for a minimum of 12 months for a leave to be classified as FMLA.

However, in some cases an employee might be moved to a new position for a trial period. If that is the case, and his TOTAL employment still qualifies him for FMLA, then it's possible.