Human Resource Blog

Idaho FMLA and Termination

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Termination
Employee Warning Notice Employee Final Warning Notice Employee Resignation Form Exit Interview Questionnaire Separation Checklist

In Idaho, if an employee has exhausted her FMLA leave and does not return to work, can she be terminated? Does it matter if she works for a union?

The state of Idaho, in addition to some other states, allows employers to terminate workers who have exhausted their leave under FMLA and are unable to return to work.  This happens to apply whether an employer is a union or not.

Though it may seem unfair that workers could lose their jobs due to illness, it is important to remember that prior to FMLA, workers were frequently fired for missing work for as little as two or three weeks. 

The Family and Medical Leave Act of 1993, or FMLA, allows employees to take up to 12 weeks of job protected, unpaid leave if they have any type of serious medical condition.  Such conditions might include cancer or a heart attack, and may also include pregnancy disability. 

The Family and Medical Leave Act of 1993 also allows workers to take leave to care for a parent, spouse, or child who has a serious medical condition.  The leave may also be used for parents to bond with newly adopted children, new foster children, or a newborn.

It is important to keep in mind that after the 12 weeks of unpaid leave have been utilized, employees may lose their jobs.  No federal law prevents this, and most states do not allow leave that is longer than 12 weeks. 

Termination may not apply for employees who currently have a disability, and could perform their job with a reasonable accommodation from the employer.  The ADA, or Americans with Disabilities Act of 1990, requires employers to make these accommodations.

There are some companies that have a policy of rehiring former employees, should the company have an opening.  Keep in mind that no federal law requires this, however. 

For employers who have allowed other employees in the past to extend their unpaid leave, they must provide the same courtesy to other employees. JH