Reasons You May Be Fired During Medical Leave

Taking medical leave is often a critical time to focus on your recovery or care for a loved one. The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave per year with job protection. However, this protection is not absolute, and certain situations can legally lead to termination.

Can an Employer Terminate You While You’re on FMLA Leave?

The FMLA does not provide blanket immunity from termination. Employers can fire an employee on medical leave if they have a legitimate reason unrelated to the leave. For example, if the company was already downsizing or you had documented performance issues before your leave began, termination may be lawful.

What If There Were Performance Concerns Before Your Leave?

If your employer had documented performance problems, policy violations, or disciplinary issues before you requested leave, those records may justify termination even while you are away. Written performance reviews, prior warnings, or policy violation records that predate your leave are key evidence.

However, the employer must demonstrate that they would have taken the same action regardless of your FMLA leave, or the termination could be challenged as retaliation or discrimination.

Could Company Restructuring or Layoffs Affect You During Leave?

Employees on leave are not immune to company-wide layoffs or restructuring. If your position is eliminated as part of a legitimate workforce reduction—not as a pretext for retaliation—termination is generally lawful. The employer must show that the restructuring affected all employees in similar roles, regardless of leave status.

What Happens After Your 12 Weeks of FMLA Leave?

Once you have exhausted the 12 weeks of FMLA leave, job protections under the FMLA end. If you cannot return to work at that time, your employer may pursue termination. In some cases, you may qualify for additional leave or accommodations under the Americans with Disabilities Act (ADA) or state laws. Employers are expected to consider reasonable accommodations, but they are not required to keep your position open indefinitely if you cannot return to work.

Can You Be Fired for Breaking Company Rules While on Leave?

Even while on medical leave, you are expected to follow company policies that apply to all employees. Violations—such as working another job without authorization or otherwise breaching company rules—can result in discipline or termination. FMLA does not shield employees from policies that are enforced fairly and consistently.

What If Your Employer Believes You Are Abusing Your Leave?

Employers may terminate employees if there is evidence of FMLA abuse. Examples include:

• Falsifying a medical condition.
• Submitting fraudulent doctor’s notes.
• Engaging in work or activities inconsistent with restrictions.

Termination in these cases is lawful if based on misconduct, not the leave itself.

How Can You Tell If Your Firing Violated FMLA Protections?

An employer violates FMLA when they:

• Interfere with your right to take leave.
• Refuse to reinstate you to your position after leave.
• Retaliate against you for requesting or taking leave.

Red flags include termination immediately following leave, inconsistent enforcement of policies, or lack of documentation supporting the employer’s decision. These situations may provide grounds for a wrongful termination claim.

Speak With Cherry Hill Employment Lawyers at The Gold Law Firm P.C.

If you suspect your employer unlawfully terminated you or interfered with your rights while on medical leave, contact a Cherry Hill employment lawyer at The Gold Law Firm P.C. We have four decades of experience handling employment law and civil rights cases, helping clients understand their rights and explore legal options. Schedule a free consultation by calling 215-569-1999 or completing our online contact form today. We are located in Philadelphia and Pennsauken, NJ.