Can My Employer Fire Me While I’m on FMLA Leave in Florida?

By Gary A. Costales

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Employment Law

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Last Modified on Oct 09, 2026

“Can my employer fire me while I’m on FMLA leave in Florida?” This is the question that countless employees who have taken time away from work for their own health or to care for family members often ask. It’s easy to worry about what happens to your job while you’re gone, which makes it crucial that you understand your rights and what your employer legally can and cannot do while you’re on FMLA leave.

About the Law Offices of Gary A. Costales, P.A.

At the Law Offices of Gary A. Costales, P.A., our firm is devoted to protecting the rights of Florida’s employees. Our lead attorney, Gary A. Costales, has more than 30 years of experience and is also board-certified in labor and employment law, giving him a firm advantage in employment disputes. If you believe your employer has violated your rights after you’ve taken legal leave, do not wait to see how our team can help you pursue justice.

When Are Employees on FMLA Leave Protected From Termination?

Florida employees should understand that FMLA leave grants them certain protections, such as the right not to be retaliated against if they take FMLA leave. This means that a Florida employer cannot fire or punish their employee solely because they took FMLA leave that they were eligible for.

To determine whether you are protected from termination when you take leave, you need to first identify whether your leave qualifies for the specific protections given by the Family and Medical Leave Act (FMLA). FMLA laws generally apply to private employers with at least 50 employees, as well as certain public employers.

An employee also has to meet specific eligibility requirements to be granted FMLA leave. Additionally, they can only take qualifying leave for certain situations, such as:

• To care for their own qualifying health condition
• To care for their spouse, child, or parent with a serious health condition
• To participate in the birth or adoption of a child
• Certain military-family circumstances

Can Your Employer Fire You While You’re on FMLA Leave in Florida?

Just because you are on FMLA leave does not mean that you cannot be terminated. An employer can still take legitimate employment action for a reason unrelated to your FMLA leave. For example, an employer might have a legitimate reason to terminate someone because:

• There was a company-wide reduction in the workforce.
• The employee’s position is being eliminated.
• The employee was involved in serious misconduct that would have resulted in termination even if the employee wasn’t on leave.

The focus is generally whether or not the employer would have made the same decision if their employee hadn’t taken FMLA leave. In 2025, there were 301 cases of FMLA compliance violations nationwide. This makes it crucial to investigate the circumstances of a termination, especially if you believe it was a violation of your employment rights.

Our team can analyze your situation to determine whether or not your employer used legal reasoning to terminate you and if you have grounds for a valid claim.

Other FMLA Violations in Florida

The FMLA protects employees from more than just being fired for taking leave. Employers cannot retaliate or attempt to interfere when their employee wants to exercise their protected rights granted under the FMLA. Common examples of other FMLA violations include:

• Discouraging employees from taking protected leave
• Penalizing employees who take FMLA leave under an attendance policy
• Threatening you because you requested FMLA leave
• Refusing to allow qualifying FMLA leave
• Refusing to restore you to an adequate position when you return

Under Florida FMLA laws, eligible employees have specific protections when they take qualifying leave. If your employer ignores those rights, you could be dealing with an FMLA violation case. An employment attorney can help put the events in context and determine whether your employer’s behavior supports a legal claim.

FAQs

Can My Employer Require Me to Provide Medical Certification for FMLA Leave?

Yes, an employer can require you to provide medical certification for FMLA leave. The certification generally provides the information needed to establish that the employee or their qualifying family member has a serious health condition that’s covered by the law. However, an employer can’t just demand unlimited medical information. It must be specifically related to the medical condition in question.

Can My Employer Contact Me While I’m on FMLA Leave in Florida?

Yes, an employer can contact you while you’re on FMLA leave, but only under certain circumstances. An employer might need to communicate with you about your leave, your expected return date, or for information that’s required to administer your FMLA rights. That doesn’t mean your employer can call to chat, pressure you to give up protected leave, or interfere with your leave.

Can My Employer Replace Me While I’m on FMLA Leave in Florida?

Potentially, yes, your employer can replace you while you’re on FMLA leave, but only temporarily. Depending on your position, they could have another employee cover your position while you’re on leave. However, arranging temporary coverage doesn’t eliminate an eligible employee’s right to come back to the same position or an equal job after their protected leave is over.

Does FMLA Leave Have to Be Taken All at Once?

No, FMLA leave doesn’t have to be taken all at once. In certain circumstances, eligible employees can take leave intermittently or work a reduced schedule when the applicable requirements are met. This can be useful when a medical condition requires periodic treatment or causes recurring periods when you can’t work. Whether intermittent leave is available depends on the reason for the leave, the medical need involved, and the applicable FMLA requirements.

Hire an Employment Lawyer From the Law Offices of Gary A. Costales, P.A.

When you need to hire an employment lawyer in Florida, having an FMLA attorney who understands local courts and the employment landscape throughout the state can give you an advantage. At the Law Offices of Gary A. Costales, P.A., we help employees understand and protect their rights when workplace decisions involve protected FMLA leave.

If you believe your employer may have violated your FMLA rights, we’re ready to discuss your situation and help you hold them accountable. Contact us today to learn more.