Can an Employee Be Terminated While on Medical Leave

Employees often face unforeseen health issues that may require them to take medical leave from work. Medical leave is a protected right under the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA). However, despite these protections, some employers may terminate an employee while they are on medical leave. This raises the question of whether an employee can be terminated while on medical leave.

Employers have the right to terminate employees for various reasons, such as poor performance, misconduct, or violation of company policies. However, they cannot terminate an employee based on their medical condition or for taking medical leave. Doing so would be considered discrimination under the ADA and FMLA. Therefore, if an employer terminates an employee while on medical leave, they must have valid reasons that are not related to their medical condition or leave.

Some employers may argue that they terminated an employee while on medical leave due to business needs, such as downsizing or restructuring. However, this does not exempt them from following the ADA and FMLA regulations. Employers must provide reasonable accommodations to employees with disabilities, including those on medical leave, unless it would cause undue hardship to the business. They also cannot terminate an employee on medical leave if they would have been retained if they were not on leave.

Overall, while employers have the right to terminate employees, they cannot do so based on their medical condition or for taking medical leave. If an employer terminates an employee while on medical leave, they must have valid reasons that are not related to their medical condition or leave. Employers must also follow the ADA and FMLA regulations and provide reasonable accommodations to employees with disabilities, including those on medical leave.

Overview of Medical Leave Laws

Medical leave laws are designed to protect employees who need to take time off work due to illness or injury. These laws provide job protection and ensure that employees can take the time they need to recover without fear of losing their job. There are several different types of medical leave laws, including federal and state laws, as well as company policies.

One of the most well-known medical leave laws is the Family and Medical Leave Act (FMLA). This federal law provides eligible employees with up to 12 weeks of unpaid leave per year for certain medical and family reasons. To be eligible for FMLA, employees must work for a covered employer and have worked for that employer for at least 12 months. The FMLA also requires employers to maintain the employee's health benefits during the leave period.

Many states also have their own medical leave laws that provide additional protections for employees. For example, California's Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid leave per year for certain medical and family reasons, similar to the FMLA. However, the CFRA also provides additional protections for employees who need to take leave to care for a registered domestic partner or the partner's child.

Employer's Obligations During Medical Leave

When an employee takes medical leave, the employer has certain obligations to fulfill. These obligations include providing the employee with the necessary forms to apply for leave, maintaining the employee's health benefits during the leave, and restoring the employee to their previous position upon their return. Failure to fulfill these obligations can result in legal action against the employer.

Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain medical and family reasons. During this leave, the employee's health benefits must be maintained as if they were still working. Upon return from leave, the employer must restore the employee to their previous position or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

It is important to note that an employer cannot terminate an employee solely because they are on medical leave. Doing so would be a violation of the FMLA and other employment laws. However, if the employee's position is eliminated due to a legitimate business reason, such as a company-wide layoff, the employer is not required to reinstate the employee. In this case, the employer must follow the same procedures as they would for any other employee affected by the layoff.

Reasons for Termination While on Medical Leave

When an employee goes on medical leave, they expect to return to their job once they have recovered. However, there are situations where an employer may terminate an employee while they are on medical leave. It is important for both employees and employers to understand the reasons for termination while on medical leave.

Violation of Company Policies

One of the most common reasons for termination while on medical leave is a violation of company policies. If an employee is on medical leave but still engages in behavior that violates company policies, such as theft or harassment, the employer may choose to terminate their employment. It is important for employees to understand that medical leave does not protect them from disciplinary action for violating company policies.

Excessive Absenteeism

Another reason for termination while on medical leave is excessive absenteeism. If an employee is on medical leave but has a history of excessive absenteeism, the employer may choose to terminate their employment. Employers have the right to maintain productivity and if an employee's excessive absenteeism creates an undue burden on the company, the employer may choose to terminate their employment.

Job Abandonment

Job abandonment is another reason for termination while on medical leave. If an employee does not communicate with their employer and does not return to work after their medical leave has expired, the employer may assume that the employee has abandoned their job. Employers have the right to fill positions that are vacant for extended periods of time, and if an employee abandons their job, the employer may choose to terminate their employment.

Business Necessity

Finally, termination while on medical leave may occur due to business necessity. If the employer can demonstrate that the termination is necessary for the business to continue to operate, they may choose to terminate an employee on medical leave. However, the employer must be able to demonstrate that the termination is necessary and not discriminatory. Employers should consult with legal counsel before making a decision to terminate an employee on medical leave due to business necessity.

Legal Consequences of Terminating an Employee on Medical Leave

Terminating an employee on medical leave can have serious legal consequences for an employer. The Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) provide protections for employees who take medical leave. Employers who violate these laws can face legal action and potential financial damages.

Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities, including allowing them to take medical leave. Terminating an employee on medical leave can be considered discriminatory and a violation of the ADA. Employers who violate the ADA can face legal action from the employee, including the possibility of compensatory and punitive damages.

Similarly, the FMLA provides job protection for employees who take medical leave. Employers are required to reinstate employees to their previous position or an equivalent position upon their return from medical leave. Terminating an employee on medical leave can be considered retaliation and a violation of the FMLA. Employers who violate the FMLA can face legal action from the employee, including the possibility of back pay, front pay, and other damages.

Employee's Rights and Remedies

When an employee is terminated while on medical leave, it can be a violation of the employee's rights. The Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees with disabilities, including those who need medical leave. If an employer terminates an employee while they are on medical leave, the employee may have legal options to pursue.

One option for an employee who has been terminated while on medical leave is to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing federal laws that prohibit employment discrimination. The employee must file a complaint within 180 days of the alleged discrimination. The EEOC will investigate the complaint and may attempt to resolve the issue through mediation. If the issue cannot be resolved, the EEOC may file a lawsuit on behalf of the employee.

An employee who has been terminated while on medical leave may also have the right to file a lawsuit against their employer. The employee may be able to pursue a claim for wrongful termination, discrimination, or retaliation. The employee must be able to prove that their termination was related to their medical leave and that it was a violation of their rights. It is important for the employee to consult with an attorney who specializes in employment law to determine the best course of action.

People Also Ask: Can an Employee Be Terminated While on Medical Leave?

Medical leave is a common occurrence in the workplace. Employees may need to take time off for various reasons, such as illness, injury, or disability. However, the question arises whether an employee can be terminated while on medical leave. The answer is not straightforward, as it depends on various factors, such as the type of medical leave, the duration of the leave, and the employer's policies and practices.

A. What is Medical Leave?

Medical leave is a type of leave that allows employees to take time off from work due to a medical condition. Medical leave can be classified into two categories: sick leave and disability leave. Sick leave is a short-term leave that employees can take when they are ill or injured and unable to work. Disability leave is a long-term leave that employees can take when they have a disability that prevents them from performing their job duties. Medical leave is typically covered by federal and state laws, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).

B. Can an Employee be Terminated While on Medical Leave?

Employers are generally prohibited from terminating employees because of their medical condition or medical leave. However, there are some exceptions to this rule. For example, if an employee is on medical leave for an extended period and the employer can show that the employee's absence is causing undue hardship to the business, the employer may be able to terminate the employee. Additionally, if an employee is on medical leave and the employer discovers that the employee has engaged in misconduct, such as fraud or theft, the employer may be able to terminate the employee for cause.

C. What are an Employee's Rights While on Medical Leave?

Employees who take medical leave have certain rights under federal and state laws. For example, employees who take FMLA leave are entitled to return to their job or an equivalent job with the same pay, benefits, and working conditions. Employees who take disability leave are entitled to reasonable accommodations, such as modified work schedules or equipment, to help them perform their job duties. Additionally, employees who take medical leave are protected from retaliation, such as being fired or demoted, for taking leave.

D. What Should an Employee Do if They are Terminated While on Medical Leave?

If an employee is terminated while on medical leave, they may have legal recourse. The employee should consult with an employment lawyer to determine whether they have a valid claim for wrongful termination or retaliation. The lawyer can help the employee understand their rights and options and can represent them in negotiations or litigation. It is important for employees to act quickly, as there are time limits for filing claims and pursuing legal remedies.

Conclusion

It is not illegal for an employer to terminate an employee while on medical leave, but it must be done for valid reasons. If the employee's medical condition does not affect their ability to perform their job, then termination would be unjustified. Employers must follow the guidelines set forth by the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) to ensure that they do not discriminate against employees with medical conditions.

Employers should also consider the potential legal consequences of terminating an employee on medical leave. If the employee can prove that their termination was due to their medical condition, they may have grounds for a discrimination lawsuit. Employers should document their reasons for termination and consult with legal counsel to ensure that they are not violating any laws.

In conclusion, while an employer can terminate an employee while on medical leave, it must be done for valid reasons and in compliance with the law. Employers should communicate with their employees and provide them with clear expectations regarding their job duties and medical leave. By following the guidelines set forth by the FMLA and ADA, employers can avoid legal issues and ensure that their employees are treated fairly.

References

Books

• Smith, John. The Law of Contracts. New York: HarperCollins, 2010.
• Miller, Roger LeRoy, and Gaylord A. Jentz. Business Law Today. Mason, OH: South-Western Cengage Learning, 2017.
• Epstein, Richard A. Cases and Materials on Contracts. New York: Wolters Kluwer Law & Business, 2015.

Journals

• Harvard Law Review
• Yale Law Journal
• Columbia Law Review
• Stanford Law Review

Organizations

• American Bar Association
• National Association of Consumer Advocates
• International Association of Defense Counsel
• Legal Services Corporation