Medical leave is a critical protection for workers facing illness or injury. But can your employer terminate you during this time? The answer depends on why you’re out and what laws apply.
FMLA Protection (Family and Medical Leave Act):
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Provides up to 12 weeks of unpaid, job-protected leave
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Applies to employers with 50+ employees and employees who’ve worked at least 12 months
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Covers serious health conditions, childbirth, or caring for a family member
Can You Be Fired While on FMLA Leave?
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Not for taking leave itself
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But: You can be terminated for unrelated reasons (e.g., company layoffs, performance issues)
Other Types of Leave:
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State medical leave laws may offer additional protections
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Workers’ comp leave (on-the-job injuries) protects against retaliation
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ADA (Americans with Disabilities Act) requires reasonable accommodations, which can include extended leave
Best Practices:
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Notify employer formally with doctor’s note
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Keep communication open
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Contact an employment lawyer if you suspect retaliation
