When facing a possible reduction in force, or RIF, employees on medical or family leave may wonder whether the Family and Medical Leave Act can protect their jobs. Or, those that may qualify to file for FMLA may wonder if doing so prior to a RIF would protect them from losing their jobs. While FMLA provides strong protections, it does not guarantee immunity from layoffs, if the decision is based on legitimate business reasons.
What FMLA covers and what it does not
Eligible employees under the FMLA can take as much as 12 weeks of unpaid leave with job protection for specific medical or family-related needs. Once the leave period concludes, employers must reinstate the worker to their original role or a comparable one. However, the law does not prevent employers from making lawful staffing decisions, like a RIF, that are unrelated to the employee’s use of FMLA leave.
In other words, if a company is restructuring, downsizing or cutting costs, and your position is genuinely on the chopping block, the fact that you are on leave does not necessarily shield you. The key is that the decision must be based on legitimate business reasons, not as retaliation for taking leave.
Federal employees and Texas
Federal workers receive comparable leave protections under Title 5 of the FMLA. The Office of Personnel Management affirms that while agencies must respect FMLA rights, those rights do not override an agency’s ability to carry out workforce reductions.
Texas employers must follow the federal FMLA guidelines. This means employees can take qualifying leave and expect job protection, so long as their job still exists when they return. If a RIF is implemented for financial or operational reasons, being on FMLA does not exempt someone from being included in the layoff.
Courts have spoken
Courts generally uphold RIF-related terminations during FMLA leave if employers can prove the action would have occurred regardless of the leave. The law bars retaliation, not routine layoffs. However, it is typically the employer’s responsibility to demonstrate that the reduction in force or layoff was not connected to the employee’s use of FMLA leave.
Taking FMLA leave protects you from retaliation, not necessarily from company-wide changes. Whether one is a federal worker or employed in Texas, their rights to leave are clear, but one’s job may still be at risk if the position is truly being phased out. Always keep documentation and stay informed to understand where your protections begin, and where they end.