Being fired after taking medical leave can feel devastating and confusing. While the United States operates under “at-will” employment principles that generally allow employers to terminate workers for any reason, several important federal and state laws provide strong protections when you need time off for serious health conditions. Understanding your rights under the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and various state medical leave laws is crucial if you believe your termination was illegal.
This article provides general information only and does not constitute legal advice. Employment law is complex and varies significantly by state. If you were fired after taking medical leave, the specific facts of your situation will determine your legal rights and remedies. State laws change frequently, and COVID-related protections have evolved rapidly since 2020. We strongly recommend consulting with an experienced employment attorney immediately if you believe you were wrongfully terminated for taking protected medical leave.
The intersection of medical leave protections creates a complex legal framework where your rights depend on factors like your employer’s size, your length of employment, the nature of your medical condition, and your state’s specific laws. What might be illegal retaliation in one situation could be lawful termination in another, making professional legal guidance essential for understanding your specific circumstances.
Can You Be Fired While on Medical Leave?
The answer depends entirely on whether your medical leave was legally protected and whether your employer had legitimate business reasons for the termination. Under federal laws like FMLA and the ADA, plus various state medical leave protections, firing someone for taking protected medical leave constitutes illegal retaliation. However, employers can still terminate employees during medical leave if they have legitimate, non-retaliatory reasons that would have led to termination regardless of the leave.
The key distinction lies between protected and unprotected leave. When your medical leave qualifies for legal protection, your employer cannot terminate you simply because you took time off, needed accommodation, or filed a claim. They also cannot retaliate against you for exercising these rights.
When Medical Leave Is Legally Protected
Medical leave receives legal protection under several overlapping laws:
FMLA Protection applies when you work for an employer with 50+ employees, have worked there for at least 12 months, and have worked at least 1,250 hours in the previous year. This provides up to 12 weeks of unpaid leave for serious health conditions with guaranteed job restoration.
ADA Protection covers employees with disabilities who need reasonable accommodation, including medical leave. Unlike FMLA, the ADA doesn’t have specific time limits, but the accommodation must not create undue hardship for the employer. Long COVID may qualify as an ADA disability if it substantially limits major life activities.
State Laws often provide broader protections. California’s Family Rights Act covers employers with just 5+ employees, and many states have paid sick leave laws that protect short-term medical absences.
Workers’ Compensation Leave protects employees injured on the job. Firing someone for filing a workers’ compensation claim or taking related medical leave violates most state laws.
When Employers Can Legally Terminate During Medical Leave
Even during protected medical leave, employers can terminate employees for legitimate business reasons that would have occurred regardless of the leave:
- Layoffs or company closure affecting multiple employees
- Performance issues documented before the medical leave began
- Misconduct unrelated to the medical condition or leave
- Job elimination due to legitimate business restructuring
- Exhaustion of leave entitlements when no reasonable accommodation exists
The crucial factor is whether the termination would have happened anyway, regardless of your medical leave.
Family Medical Leave Act Protections and Violations
The FMLA provides the strongest federal protection against being fired for taking medical leave, but it has specific eligibility requirements and limitations. Understanding these details helps you determine whether your termination violated federal law.
Who Qualifies for FMLA Protection
FMLA eligibility requires meeting all four criteria:
- Employer size: Your company must employ 50+ people within 75 miles of your worksite
- Employment duration: You must have worked there for at least 12 months (not necessarily consecutive)
- Hours worked: At least 1,250 hours during the 12 months before your leave
- Qualifying condition: You, your family member, or covered military member has a serious health condition
Serious health conditions include illnesses requiring inpatient care, continuing treatment by healthcare providers, chronic conditions, or conditions requiring multiple treatments. At Freeburg & Granieri, we often see clients who didn’t realize their condition qualified for FMLA protection until after they were terminated.
What Constitutes an FMLA Violation
FMLA violations typically fall into two categories:
Interference occurs when employers prevent employees from taking entitled leave or deny proper benefits during leave. Examples include refusing leave requests for qualifying conditions, discouraging employees from taking leave, or failing to maintain health insurance during leave.
Retaliation happens when employers take adverse action against employees for exercising FMLA rights. This includes firing, demoting, or otherwise punishing employees for taking leave, requesting leave, or supporting others’ FMLA rights.
Warning signs of FMLA retaliation include termination shortly after returning from leave, sudden performance criticisms after previously positive reviews, or hostile treatment following your leave request.
Americans with Disabilities Act and Medical Leave Rights
The ADA provides different but complementary protections for employees with disabilities who need medical accommodations, including leave time. Unlike FMLA’s fixed 12-week limit, ADA accommodations are more flexible but must be “reasonable.”
Reasonable Accommodation vs Medical Leave
ADA medical leave serves as a reasonable accommodation when someone with a disability needs time off as part of managing their condition. This differs from FMLA leave because it focuses on accommodation rather than family needs, and the timeframe is more flexible.
The interactive process requires employers to engage in good faith discussions about potential accommodations when they know about an employee’s disability. Firing someone without exploring reasonable accommodations, including medical leave, can violate the ADA.
Long COVID presents new ADA considerations. While acute COVID illness typically doesn’t qualify as a disability, long COVID symptoms that substantially limit major life activities may warrant ADA protection, including extended medical leave as accommodation.
When Medical Leave Termination Becomes Illegal
Determining whether your termination was illegal requires examining the timing, circumstances, and your employer’s stated reasons. Courts look for patterns suggesting retaliation rather than legitimate business decisions.
Warning Signs of Retaliation
Several red flags suggest your termination may have been retaliatory:
Timing patterns are often the strongest indicator. Being fired immediately after requesting leave, during leave, or shortly after returning raises serious questions about the employer’s true motivations.
Changed treatment following your medical leave request or return can indicate retaliation. This includes sudden criticism, isolation, reduced responsibilities, or hostile behavior from supervisors who previously treated you well.
Documented performance issues that appear only after you request or take medical leave, especially if your previous reviews were positive, suggest potential pretext for retaliation.
Proving Your Termination Was Illegal
The burden of proof in wrongful termination cases requires showing your protected activity (taking medical leave) was a motivating factor in your termination. You don’t need to prove it was the only reason, but it must have influenced the decision.
Evidence preservation is crucial immediately after termination. Save all medical documentation, leave requests, emails, performance reviews, and correspondence about your condition or leave. Document any witnesses to discriminatory statements or treatment.
Timeline documentation helps establish the connection between your protected activity and adverse employment action. Courts often find suspicious timing persuasive when other evidence supports retaliation claims.
State Medical Leave Laws and Additional Protections
Many states provide medical leave protections that go beyond federal law, often covering smaller employers or providing paid leave benefits. These laws can protect you even when federal laws don’t apply.
California Medical Leave Protections
California Family Rights Act (CFRA) mirrors FMLA but covers employers with 5+ employees, significantly expanding protection for workers at smaller companies. CFRA also provides leave for additional family relationships not covered by federal law.
Pregnancy Disability Leave (PDL) provides up to four months of unpaid leave for pregnancy-related disabilities, which can run consecutively with CFRA leave for bonding with a new child.
California’s paid sick leave law ensures most employees earn at least three days of paid sick leave annually, with retaliation protections for using accrued time.
COVID-19 Leave Protections
The Families First Coronavirus Response Act (FFCRA) provided emergency paid sick leave and expanded family leave for COVID-related reasons through December 31, 2020. While the federal mandate expired, some states enacted their own versions with ongoing protections.
Current COVID protections vary significantly by state and employer. Some jurisdictions maintain emergency sick leave for COVID-related absences, while others rely on existing medical leave laws to cover long COVID as a serious health condition or disability.
What to Do If You Were Fired for Taking Medical Leave
If you believe you were wrongfully terminated for taking medical leave, immediate action is crucial to protect your legal rights and preserve evidence.
Immediate Steps to Protect Your Rights
Document everything related to your termination, medical condition, and leave requests. Request copies of your personnel file and any documents related to your termination. Preserve emails, text messages, and other communications.
File for unemployment benefits immediately, even if you believe you were wrongfully terminated. Your termination may qualify you for benefits while you pursue legal remedies.
Consider EEOC filing deadlines. You typically have 180-300 days (depending on your state) to file discrimination charges with the Equal Employment Opportunity Commission for federal law violations.
When to Contact an Employment Attorney
Immediate consultation is advisable if you were fired during or shortly after medical leave, especially if you believe the timing is suspicious. Employment attorneys can quickly assess whether your situation suggests illegal retaliation.
Statute of limitations concerns require prompt action. Different laws have varying deadlines for filing claims, and waiting too long can eliminate your legal options entirely.
At New York Employment Attorney, we recommend contacting an employment attorney within days of a suspicious termination. Early legal guidance helps ensure proper evidence preservation and timely filing of necessary claims.
Get Legal Help for Medical Leave Wrongful Termination
Being fired for taking medical leave can violate multiple federal and state laws, but these cases are highly fact-specific and require immediate professional evaluation. The complex intersection of FMLA, ADA, state leave laws, and at-will employment principles makes it essential to have experienced legal guidance when you believe your termination was illegal.
If you were fired after taking medical leave or requesting accommodation for a medical condition, don’t wait to seek legal help. The experienced employment attorneys at New York Employment Attorney understand the nuances of medical leave laws and can quickly assess whether your termination violated your legal rights. We’ll review your situation, explain your options, and fight to protect your interests. Call us today to schedule your consultation and get the legal support you need.
