Can a company terminate an employee who is on medical leave?

Federal, state, and local laws provide various types of overlapping job-protected leave for employees with medical issues. So, employers who are considering terminating an employee who is out on medical leave, or who has requested medical leave, should keep reading to ensure a termination doesn’t result in a wrongful termination claim.

Can my employer terminate me while on FMLA leave?

Your employer may not terminate you if you are on FMLA leave as long as you don’t go over 12 weeks of FMLA leave per year. When you return from FMLA leave, your employer must employ you in your former position or one that is substantially similar.

When are employees entitled to medical or disability leave?

When employees are injured or disabled or become ill on the job, they may be entitled to medical and/or disability-related leave under two federal laws: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). In addition, state workers’ Compensation laws have leave provisions that may apply.

What happens to health insurance benefits during FMLA leave?

During FMLA leave, employers must continue employee health insurance benefits and, upon completion of the leave, restore employees to the same or equivalent positions. Covered employers: The FMLA applies to private employers with 50 or more employees working within 75 miles of the employee’s worksite.

Can you be terminated while out on FMLA leave?

Thus, while it is possible to be terminated while out on FMLA leave, an employee cannot be terminated because of the FMLA leave or because of the underlying disability. For example, an employee can be fired while out on medical leave due to some other reason, such as a reorganization or for performance-related issues unrelated to the leave.

Can my employer terminate me while on medical leave due to covid-19?

An employer cannot terminate you for any reason related to being sick or being on leave due to COVID-19. If you have been terminated for such reasons, then your employer would have violated the FMLA and can run into serious legal issues. This article is to inform you of your rights as an employee while being on medical, sick or quarantine leave.

Can an employer terminate an employee on leave due to performance?

Additionally, if the employee would have been terminated regardless of the leave due to poor performance, the employer can still terminate the employee. The employee can be terminated if he or she engages in crime, fraud or insubordination during his or her leave time.