Question:
I was out on FMLA when I received notice that I was being laid off, can my employer do that?

Response:
If your employer based their decision to lay you off because you were on FMLA, then no they can not do that. But if you were included in a group of lay off’s and the criteria in which they used to pick individuals for lay off was one in which you would have been included if you were there, then your employer can in fact lay you off while you are out on leave.