Can an employer terminate you while on medical leave?

An employee can lawfully be terminated while on medical leave if they would have been terminated regardless of whether they exercised their rights under the FMLA. However, if an employer fires or lays off a worker because they took medical leave, then the termination is unlawful.

Can you be fired after taking FMLA?

An employer may terminate an employee regardless of FMLA leave status if there is a legitimate, nondiscriminatory reason such as: If an employee fails to meet the goals of a corrective action program designed to improve performance prior to leave, the employee may be terminated upon return from FMLA leave.

Can an employee be terminated while on medical leave in California?

Under both federal and state law, employers are prohibited from terminating employees simply because the employee is on medical leave.

Who is eligible for FMLA?

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 …

Who qualifies for ADA leave?

An eligible employee must: (1) have worked for a covered employer for at least 12 months, (2) have worked at least 1,250 hours during the 12-month period immediately preceding the leave, and (3) work at a location where the employer has at least 50 employees within 75 miles.

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.

What happens if an employee does not provide FMLA certification?

If an employee fails to timely submit a properly requested medical certification (absent sufficient explanation of the delay), FMLA protection for the leave may be delayed or denied. If the employee never provides a medical certification, then the leave is not FMLA leave.

What does the family and Medical Leave Act (FMLA) provide?

(Q) What does the Family and Medical leave act provide? The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

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.