Taking time off work for medical reasons—whether to recover from surgery, care for a sick family member, or manage a serious health condition—shouldn’t cost you your job. That’s why the Family and Medical Leave Act (FMLA) exists. It’s a federal law designed to protect employees who need to step away from work for health or family-related reasons.

But what happens when your return from medical leave is met with a pink slip?

If you were fired after taking—or requesting—medical leave, your termination could be illegal, and you may be entitled to legal remedies. In this post, we’ll break down what the FMLA protects, how wrongful termination after leave happens, and what steps you can take if your rights were violated.

What Is the Family and Medical Leave Act (FMLA)?

The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. During this leave, your employer must continue your health insurance coverage as if you were still working.

You may qualify for FMLA leave if:

  • You’ve worked for your employer for at least 12 months
  • You’ve logged at least 1,250 hours in the past year
  • Your employer has 50 or more employees within a 75-mile radius

Covered reasons for taking FMLA leave include:

  • Your own serious health condition
  • Caring for a spouse, child, or parent with a serious health condition
  • Birth and care of a newborn
  • Adoption or foster care placement of a child
  • Qualifying needs related to a family member’s military service

FMLA Guarantees Job Protection

The most important aspect of FMLA is job protection. That means when your leave ends, you’re entitled to return to:

  • The same job, or
  • An equivalent job with the same pay, benefits, and working conditions

If you’re fired, demoted, or otherwise penalized for using FMLA leave, your employer could be in violation of federal law.

Can You Be Fired While on FMLA Leave?

Yes—but only under certain conditions.

FMLA doesn’t make you immune from termination. An employer can still fire you if:

  • You would have been let go regardless of your leave (e.g., due to company-wide layoffs)
  • You violated company policies unrelated to your medical leave
  • Your job was eliminated for legitimate business reasons

However, your employer cannot use your medical leave as a reason to fire you. If your termination is tied to your leave—even indirectly—it may qualify as wrongful termination or FMLA retaliation.

Common Examples of FMLA Violations

Here are a few red flags that your rights may have been violated:

  • You were fired shortly after requesting or returning from medical leave
  • Your employer discouraged you from taking leave or threatened your job if you did
  • You were given a different job with lower pay or fewer benefits when you returned
  • You were written up or disciplined immediately after taking leave
  • Your employer claimed they “didn’t know” you were on protected leave

Timing and documentation are key. If you were a model employee before your leave and suddenly became a “problem” afterward, that’s often a sign of retaliation.

What Should You Do If You Were Fired After Taking Medical Leave?

  1. Document Everything
     Save emails, request forms, performance reviews, and any communications related to your leave or termination. Make note of dates and conversations, especially if your termination happened shortly after your leave.
  2. Request a Written Reason for Termination
     Politely ask HR or your manager to provide a written explanation for your dismissal. This can be helpful later if your employer tries to change their story.
  3. Avoid Signing Anything Right Away
     Don’t sign a severance agreement, NDA, or waiver of rights without having an attorney review it. You may be signing away your ability to sue.
  4. Contact an Employment Lawyer
     A wrongful termination or FMLA attorney can help you understand your rights and evaluate whether your firing was lawful or retaliatory.

What Can You Recover in an FMLA Violation Case?

If your employer violated your rights under FMLA, you may be entitled to:

  • Lost wages and benefits
  • Reinstatement to your previous position
  • Compensation for emotional distress
  • Legal fees and costs
  • Punitive damages (in certain cases)

Every case is different, but FMLA protections are strong—and courts often side with employees when employers overstep.

What If You’re Not Covered by FMLA?

If you work for a small company or haven’t met the hour requirements, you may not be eligible for FMLA—but you may still have rights under:

  • State medical leave laws
  • The Americans with Disabilities Act (ADA) (which requires reasonable accommodation)
  • Company policies or union agreements

An employment attorney can help you determine which protections apply.

Conclusion

Getting fired after taking medical leave is not only upsetting—it may be illegal. The FMLA exists to protect your job while you or your loved ones deal with serious health matters. If your employer punished you for exercising those rights, you could have a case for wrongful termination or retaliation. We recommend wrongful termination lawyers maryland.

Categorized in : Law