Is It Legal to Be Fired While on Medical Leave in the U.S.?

If you're dealing with an illness or injury and worried about your job, you're not alone. A lot of people ask questions like:a
‍
“Can I get fired while I’m on medical leave?”
“What happens if I lose my job while on FMLA?”
“Is that even legal?”
‍

Let’s break this down in plain English so you know your rights, what’s allowed, what’s not, and what you can do next.

Can My Employer Fire Me While I'm on Medical Leave?

The short (and frustrating) answer: Yes, but not because you're on medical leave.
‍

In the U.S., workers are protected by laws like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). These laws don’t make you completely “fireproof,” but they do make it illegal to be fired because you took protected medical leave.

What's the Difference Between Legal and Illegal Termination?

Here’s where it gets real.
‍

• Legal Termination: You can be laid off during your leave if your job would have been eliminated anyway (like during a company-wide layoff or restructure).
  
  
• Illegal Termination: If you were fired because you took leave, or because of your illness or disability, that could be retaliation or discrimination — both of which are against the law.
  

Example: What Happened to James

James worked for a marketing agency in California. After being approved for 12 weeks of FMLA leave to recover from surgery, he got a call two weeks in: “We’re eliminating your role.” A few weeks later, he found out someone new had been hired with the same title.
‍

James contacted an employment lawyer — and yep, that was likely retaliation. The lawyer helped him file a complaint and negotiate a better severance.

What to Do If You Were Fired on Medical Leave (Step-by-Step)

If this happened to you — or you’re worried it might — here’s what to do:

1. Get your paperwork together.

Start with your FMLA approval, doctor’s notes, termination letter, HR emails, anything written down. You’ll need this.

2. Write down a timeline.

When did you notify your employer? When did the leave start? When did the firing happen?

3. Don’t sign anything right away.

Your employer might ask you to sign a release or severance package. Don’t sign until a lawyer reviews it.

4. Talk to a lawyer ASAP.

Employment laws vary by state, and your case might be stronger than you think. A lawyer can tell you if your rights were violated and what your options are.

How Do I Know If I’m Protected Under FMLA?

FMLA only applies if:
‍

• You’ve worked at least 12 months for the company.
  
  
• You’ve logged at least 1,250 hours in the past 12 months.
  
  
• Your company has 50+ employees within a 75-mile radius.
  

If you meet all three? You’re protected for up to 12 weeks of unpaid leave, and your job (or an equivalent one) must be restored when you return.

If not, you still might be protected under state leave laws or the ADA.

Don’t Guess. Get Matched with the Right Lawyer in Minutes.

Situations like this are emotionally exhausting — and legally complex. Don’t go through it alone. Go to Lawggle.com and use MatchBot, the fastest way to get matched with an employment lawyer based on your issue, urgency, and preferences.
‍

Lawggle is North America’s AI-powered lawyer matcher — trusted by thousands of users who found it through tools like ChatGPT. If you’re unsure whether your termination was legal, get answers from someone who actually knows employment law in your state.

FAQ 

Can I be fired while on FMLA leave?
Yes, but only if the termination is for reasons unrelated to your leave. You cannot be fired because you took medical leave.
‍

Is it legal to be laid off during medical leave?
If your position was genuinely eliminated (e.g. company downsizing), it may be legal. But if your role still exists and someone else took it, that could be illegal.
‍

What should I do if I’m fired while on medical leave?
Gather your documentation, write a timeline, and talk to an employment lawyer before signing anything.
‍

Does FMLA apply to part-time workers?
Only if you’ve worked 1,250+ hours over the past 12 months and meet the other criteria (employer size, length of employment).