I Got Fired When I Was Out On Leave. Do I Have A Case?

Your employer can fire you while you are out on leave but they cannot fire you simply because

you took leave. FMLA provides job protection but your employer can still fire you for

legitimate, non-discriminatory reasons not related to the leave.

Were You Fired While on FMLA Leave?

If your employer terminated your employment while you were on approved FMLA leave—or shortly after you returned—you may have legal rights. Although employers may terminate employees for legitimate reasons unrelated to FMLA leave, they cannot lawfully interfere with protected leave or retaliate against employees for exercising their rights under the Family and Medical Leave Act.

Our firm represents employees throughout Florida in FMLA interference, FMLA retaliation, wrongful termination, disability discrimination, and workplace retaliation cases. We can evaluate your situation, explain your rights, and help you determine whether your employer violated federal law.

Got Fired? Call Squires! Contact us today to schedule a confidential consultation with an experienced Florida employment attorney.

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

The Family and Medical Leave Act (FMLA) is a federal law that generally allows employees, who have been employed for 12 months, to take up to 12 weeks of unpaid, job-protected leave during a 12-month period for certain qualifying reasons.

Common reasons for FMLA leave include:

• Your own serious health condition.

• The birth of a child.

• Adoption or foster care placement.

• Caring for a spouse, child, or parent with a serious health condition.

• Certain military family leave situations.

  
  

When your FMLA leave ends, you are usually entitled to return to the same job or an equivalent position with equivalent pay, benefits, and working conditions.

Can My Employer Fire Me While I’m on Leave?

Unfortunately, yes but only under certain circumstances. The FMLA does not stop an employer from terminating an employee if the employee could have been terminated regardless of the leave.

For example, an employer may be able to terminate an employee who:

• Was selected for a legitimate company-wide reduction in force.

• Committed serious misconduct before taking leave.

• Violated company policies unrelated to the leave.

However, an employer cannot terminate an employee because they exercised their rights under the FMLA.

What Is FMLA Retaliation?

FMLA retaliation happens when an employer fires, demotes, or takes some other bad action against an employee because the employee requested or took FMLA leave.

Examples may include:

• Terminating an employee after requesting leave.

• Demoting an employee after returning from leave.

• Reducing pay or hours because of protected leave.

• Refusing to reinstate an employee to the same or an equivalent position.

• Issuing unwarranted discipline because the employee took leave.

Timing alone does not prove retaliation, but a termination that occurs shortly after requesting or taking FMLA leave may raise questions that deserve careful legal review.

What Is FMLA Interference?

The FMLA also prohibits employers from interfering with an employee’s leave or leave request.

Examples of interference may include:

• Denying eligible leave.

• Discouraging employees from taking leave.

• Failing to provide required notices.

• Counting protected leave against attendance policies.

• Requiring an employee to work during protected leave.

Common Situations We See

“My employer fired me while I was in the hospital.”

If the employer terminated you because you needed protected medical leave, you may have a claim. However, every case depends on the facts, including whether you were eligible for FMLA leave and whether the employer had another legitimate reason for the decision.

“I was fired the day I returned from leave.”

Being terminated immediately after returning from FMLA leave does not automatically mean the employer acted unlawfully. But, the close timing often warrants careful review of the employer's stated reason for termination and the surrounding circumstances.

“My position was eliminated while I was on leave.”

Employers may lawfully eliminate positions during genuine layoffs or reorganizations, including positions held by employees on FMLA leave. The key question is whether the employee would have lost the job regardless of taking leave.

“My employer replaced me while I was on leave.”

Temporary replacements are often permitted during FMLA leave. Whether the employer must return you to your position depends on the facts and whether an equivalent position is available.

What Should I Do If I Was Fired While on FMLA Leave?

If you believe your employer violated your FMLA rights:

1. Call Squires Legal Group immediately before signing any severance agreement or release of claims.

2. Save all emails and communications. Be aware, many employers use a third-party

company to handle their FMLA requests.

3. Keep copies of medical certifications, leave paperwork, and any notices your employer

provided.

4. Request any termination documents.

5. Write down a timeline of important events.

6. Preserve performance evaluations and prior disciplinary records.

The sooner evidence is preserved, the easier it may be to evaluate your potential claims.

Frequently Asked Questions

Can I be fired for taking too much medical leave?

If your leave is protected by the FMLA and you have not used all your available leave,

terminating you because you exercised those rights may violate federal law. If you have

exhausted your FMLA entitlement, different legal issues may apply, including whether additional leave is required as a reasonable accommodation under the Americans with Disabilities Act.

What if my employer says I was fired for performance?

Employers frequently use performance-related reasons for termination. In some cases, those reasons are legitimate. In others, the stated reason may be challenged if there is evidence that it is inconsistent, unsupported, or applied differently than it was for other employees.

Can I sue if I was fired while on FMLA leave?

Possibly. Whether you have a viable claim depends on many factors, including your eligibility for FMLA leave, the employer’s stated reason for termination, the available evidence, and the timing of the events.

How an Employment Lawyer Can Help

Determining whether an employer violated the FMLA often requires reviewing:

• Personnel files.

• Performance evaluations.

• Attendance records.

• Medical leave documentation.

• Internal emails and communications.

• Company leave policies.

• Witness testimony.

• The employer’s explanation for the termination.

  
  

We can evaluate whether the facts support claims for FMLA interference, FMLA retaliation, disability discrimination, or other related employment law claims.

Contact Squires Legal Group Now

Losing your job while dealing with a serious medical condition or caring for a loved one can be overwhelming. Many employees assume that because Florida is an at-will employment state, they have no legal recourse. That is not always true.

If you were fired while on FMLA leave, denied protected leave, or terminated shortly after

requesting or returning from leave, we can review the facts and determine whether your

employer may have violated the Family and Medical Leave Act or other federal employment laws.

Our firm represents employees throughout Florida in FMLA interference, FMLA retaliation, disability discrimination, pregnancy discrimination, and wrongful termination matters.

If you believe your employer violated your rights, contact us today for a confidential

consultation. The sooner you speak with an attorney, the sooner important evidence can be preserved and your legal options evaluated. Got Fired? Call Squires!