Fired After Taking Medical Leave in Temple? You May Have an FMLA Claim 

When life takes an unexpected turn, whether it’s a personal illness, a difficult pregnancy, or the need to care for a sick family member, the last thing you should have to worry about is losing your job. Unfortunately, many employees in Temple, Texas, face that exact situation. They take approved medical leave, only to return and find their position gone or their hours reduced. Some are even terminated outright. At Scanes Yelverton Talbert, LLP (SYT), we know how devastating that can be. If you’re taking medical leave, you’re already dealing with enough stress, and your finances shouldn’t have to be at risk too. That’s why we stand up for workers whose rights under the Family and Medical Leave Act (FMLA) have been violated. If you were fired after taking or requesting medical leave, you may have a claim, and we’re here to help you pursue it. 

 

What Is the Family and Medical Leave Act (FMLA)? 

The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in 12 months for specific family and medical reasons. It was enacted in 1993 to protect workers from losing their jobs when life circumstances require them to step away temporarily. 

   

The FMLA applies to both public- and private-sector employers. This includes: 

• Private employers with 50 or more employees within a 75-mile radius. 
• Public agencies, such as local, state, and federal government offices. 
• Public and private schools, regardless of size. 

   

In simple terms, the law is meant to ensure that employees don’t have to choose between their job and their well-being or the well-being of a loved one. When an employer violates this law, the consequences can be devastating both emotionally and financially. Our attorneys are experienced in identifying and proving FMLA violations and helping employees in Temple take back control of their lives. 

 

What Does the FMLA Cover? 

Under the FMLA, eligible employees are entitled to take job-protected leave for: 

• The birth, adoption, or foster placement of a child. 
• To care for a spouse, child, or parent with a serious health condition. 
• When the employee has a serious health condition that prevents them from performing essential job functions. 
• Specific military family needs, such as caring for an injured service member or addressing qualifying exigencies when a family member is on active duty. 

   

During this leave, your employer is required to maintain your health insurance under the same terms as if you were still working. And once your leave ends, you’re entitled to return to the same position, or an equivalent one, with the same pay, benefits, and working conditions. If your employer refuses to reinstate you, demotes you, cuts your hours, or fires you after you take medical leave, those actions may be illegal under the FMLA. 

 

Am I Eligible for FMLA Protection? 

Not every employee automatically qualifies for FMLA leave, but many do. To be eligible, you must meet three key requirements: 

   

1. You must have worked for your employer for at least 12 months (not necessarily consecutive). 
2. You must have worked at least 1,250 hours during the 12 months before taking leave. 
3. Your employer must have 50 or more employees within 75 miles of your workplace. 

   

If you meet these requirements and your reason for leave fits within the FMLA’s covered categories, your job and benefits are legally protected. However, some employers try to get around these rules by misinforming employees about their eligibility, refusing to process requests, or punishing employees who take time off. At SYT, we can review your situation and help determine whether you were eligible under the law and whether your employer violated your rights. 

 

How to Request FMLA Leave 

Requesting FMLA leave can feel intimidating, especially if you’re worried about how your employer will react. However, the process is straightforward when appropriately handled. 

   

When possible, you should provide at least 30 days’ notice before taking leave. If the need is unexpected, such as an emergency medical condition, you should notify your employer as soon as possible. Your employer has the right to request medical certification from a healthcare provider confirming the need for leave, but they must keep that information confidential. 

   

You don’t have to mention the FMLA by name when making your request; you just need to provide enough information for your employer to understand that your absence may qualify. From there, it’s their responsibility to inform you of your rights and whether your leave is covered under the FMLA. 

   

If you’re unsure what to say or how to protect yourself during this process, SYT can help you prepare and document your request. Having legal guidance early on can help prevent retaliation and ensure your employer complies with their obligations. 

 

Signs You Were Illegally Fired After Taking Leave 

Under federal law, it is illegal for your employer to fire, demote, or otherwise retaliate against you for requesting or taking FMLA leave. Yet, some employers still do it, and often try to hide it behind excuses. 

   

Here are common warning signs that your firing may have been unlawful: 

• You were terminated shortly after requesting or returning from FMLA leave. 
• Your employer claimed your position was “eliminated,” but new employees were hired for similar roles. 
• You were suddenly written up or disciplined after taking leave, even though you had no prior issues. 
• You were told your job performance “declined,” even though your work record was previously strong. 
• You were replaced or reassigned to a lesser position with reduced pay or benefits. 

   

Employers often try to disguise retaliatory firings as performance-based decisions or as part of company restructuring. But timing and patterns don’t lie. When these tactics are used to cover up an illegal termination, they can form the basis of a strong FMLA claim, and our attorneys know how to expose them. 

 

What Makes It an FMLA Claim? 

An FMLA claim arises when your employer interferes with your right to take protected leave or retaliates against you for exercising that right. This can include: 

   

• Denying or discouraging you from taking FMLA leave. 
• Failing to restore you to your position after leave. 
• Terminating you or reducing your hours because of your leave. 
• Using your leave as a negative factor in employment decisions. 

   

Sometimes, FMLA violations overlap with wrongful termination claims or other types of workplace discrimination, such as disability or gender discrimination. In these cases, we can pursue multiple claims to ensure you receive the full compensation you deserve. 

   

Having an attorney by your side makes a critical difference. If you have a claim, we’ll help you file a complaint with the U.S. Department of Labor or the Equal Employment Opportunity Commission (EEOC) if another form of discrimination is involved. Filing can be complex and time-sensitive, and it’s often difficult to navigate on your own. Our legal team ensures that every detail is handled correctly and on time so you can focus on your recovery and peace of mind. 

 

What Compensation Can You Recover in an FMLA Case? 

If your employer has violated your rights under the FMLA, you may be entitled to recover various types of compensation to make you whole. This often includes lost wages and benefits you missed because of your termination or retaliation, as well as “front pay” to cover future lost earnings if you cannot be reinstated to your job. In cases where the employer’s violation was willful, the law allows for liquidated damages, which means you could receive an amount equal to the lost wages as additional compensation. Depending on the circumstances, emotional distress damages may also be available, especially if your claim overlaps with other types of workplace discrimination or harassment. Many successful claimants can recover attorney’s fees and court costs, which can ease the financial burden of pursuing justice. Every case is unique, and after your case review, we can help evaluate your situation to maximize the compensation you deserve. 

 

Act Quickly 

FMLA claims are subject to strict deadlines, known as statutes of limitation. In most cases, you have two years from the date of the violation to file a lawsuit. If your employer’s infringement was willful, that window may extend to three years, but waiting too long can put your case at risk. 

   

Time is critical. Evidence can disappear, memories fade, and employers may change their stories. The sooner you reach out to Scanes Yelverton Talbert, LLP, the better your chances of protecting your rights and preserving crucial evidence. Let our team review your timeline. 

 

SYT Is Here to Stand by Your Side 

At Scanes Yelverton Talbert, LLP, we understand that facing termination after medical leave can leave you feeling powerless, stressed, confused, and angry. You’re not alone. We’ve built our firm on the belief that no one should lose their job for doing what’s right for themselves or their family. 

   

Our attorneys are known across Texas for taking on challenging employment cases and winning them. We’ll stand by your side, help you understand your options, and guide you through every step of the legal process. If your employer violated your FMLA rights, we’re ready to fight for your job, your pay, and your peace of mind. 

   

To get started, initiate your free case review by filling out our online employment claims case review form. This is your opportunity to tell your story, understand your rights, and take the first step toward justice. 

   

You’ve worked hard for your career. Don’t let an employer take that away from you just because you needed time to heal or care for someone you love. Let SYT stand with you, protect your rights, and hold your employer accountable.