Congress created the
Under the law, employees can’t lose their jobs because they take .
But the law also makes it clear that employees don’t get special protection by taking FMLA leave. An employer is allowed to fire, demote, transfer or otherwise change employment terms and conditions even while an employee is on leave—if the employer can show it would have made the same employment decision anyway.
For example, an employee about to be terminated for stealing from the company won’t save her job by going out on FMLA leave. That would be tantamount to giving her more rights than other employees in her situation have.
That doesn’t mean, however,...(register to read more)
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