With all the FMLA regulations and FMLA rules it can be difficult for an employee to understand their rights and how to make FMLA work for them. It’s important that someone who as taken leave knows their rights if, for example, they are terminated because they took FMLA.
Basically it’s illegal for an employer to discharge someone for taking Family Medical Leave, it is also illegal to use the fact that the employee took FMLA as the reason to lay that person off. If you feel that you were discharged for taking FMLA or requesting FMLA then your employer may have violated the law and you might want to discuss your situation with an attorney.
As the employee you also have to do your part, FMLA requires that you give your employer 30 day notice when available. For example if someone is preparing to have a surgery that might make them unable to work for a substantial amount of time it’s best to let your employer know as soon as possible to to meet that requirement, if you are having an elective surgery (one where it doesn’t have to happen the day you find out you need it) you should give your employer as much notice as possible. Obviously there are going to be times where the only notice the employer will receive is when you are in the hospital recovering or helping a family member recover, so there is some flexibility in the notice. Just remember, if you know that you will be out of work for a medical condition, make sure your employer knows in advanced so they can correctly count your time off as FMLA.