Losing your job can feel like the floor disappearing beneath your feet, especially when it happens after you request time off to care for yourself or a family member. If you’re wondering what to do immediately after being fired for requesting medical leave, you’re not alone, and you may have legal options. The law prohibits employers from retaliating against workers who request or take qualified leave. Whether you were caring for a newborn child, managing your medical condition, or handling a family member’s illness, you have rights under federal law.
This guide will walk you through your next steps, help you understand your rights under the Family and Medical Leave Act (FMLA), and show how wrongful termination for medical reasons can trigger a legal claim. Let’s break it down clearly and simply because your job protection shouldn’t vanish the moment you ask for help.
For specific legal advice catered to your case, reaching out to an experienced employment lawyer is essential.
Understand Your Rights Under the Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) protects employees who need time off for serious health conditions or family-related emergencies.
To be eligible for FMLA leave, an employee must:
- Work for a covered employer (including private employers with 50 or more employees, public agencies, and schools).
- Have worked at least 1,250 hours during the 12 months immediately before the leave begins (Note: Special service hour rules apply to airline flight crew members).
- Work at a location where the employer has 50 or more employees within 75 miles.
- Have worked for the employer for at least 12 months.
The FMLA grants eligible employees up to 12 weeks of unpaid leave each year for qualifying reasons, like:
- A medical condition requiring treatment or recovery.
- Caring for a family member with a serious health condition.
- Birth or adoption of a child.
- Placement of a child through foster care.
- A service member’s deployment-related issues.
The law provides job-protected leave, meaning your employer must return you to your original position or an equivalent position with the same health benefits and pay. This job security is not optional; it’s a federal guarantee. If your employer fires you shortly after requesting FMLA leave, they may have violated your FMLA rights.
Determine If You Were Wrongfully Terminated
Wrongful termination happens when an employer fires you in violation of your legal rights. Termination for requesting FMLA leave often falls into this category, especially if you gave proper notice, provided necessary documentation, and met all eligibility requirements. Under the law, employers must not retaliate when workers exercise their legal rights.
To confirm whether a wrongful termination lawsuit applies, ask yourself:
- Did you provide advance notice or as much notice as possible under the circumstances?
- Were you fired shortly after making a leave request for a serious health condition?
- Did you provide medical certification when requested?
- Was your employer a covered employer, and were you among the qualified employees?
Even if your employer cites performance issues or company downsizing, the timing of your termination may suggest otherwise. Many employers try to mask retaliation with vague justifications. Your timeline and documentation matter.
Gather Evidence and Documentation
One of the most important steps you can take is gathering all related documentation.
This includes:
- Your original leave request.
- Emails or written responses from your employer.
- Medical records and medical certification forms.
- Proof of eligibility, such as pay stubs or work hours.
- A copy of your company’s policies on medical leave, sick leave, and FMLA procedures.
- Performance evaluations or disciplinary records.
Also, document the sequence of events, especially dates. Write down when you made the request, any responses you received, and when the termination occurred. Keep track of who you spoke to and what was said.
This paper trail helps determine if your employer violated your FMLA rights or failed to meet employer responsibilities. It can also reveal if they required you to provide certification beyond what the law allows, or refused reasonable accommodations for your medical condition or that of a family member.
Know the Laws That Protect You
Multiple laws work together to protect employees from unfair treatment after a leave period:
- FMLA ensures job protection for medical reasons, covering serious health conditions, childbirth, foster care placement, or a family member’s illness.
- The Americans with Disabilities Act (ADA) requires reasonable accommodations for employees with disabilities, including some chronic conditions.
State laws may offer additional job protection, paid leave, or longer coverage periods. For example, in:
California
- California Family Rights Act (CFRA) provides up to 12 weeks of job-protected leave for similar reasons as FMLA, but it covers a broader definition of family, including domestic partners, grandparents, grandchildren, and siblings.
- CFRA leave can be taken even if the reason does not qualify under FMLA.
- Legal reference: Cal. Gov. Code § 12945.2.
The U.S. Department of Labor’s Wage and Hour Division enforces the FMLA and investigates violations. These laws protect most employees working for covered employers. Federal law requires employers to provide notice of FMLA rights and must not interfere with or deny access to that leave. They cannot discipline or fire workers for requesting leave or taking FMLA for qualifying reasons.
If your employer fires you in response to a legitimate leave request, you may be entitled to monetary damages, job reinstatement, and possibly more.
Evaluate If You Have a Legal Claim
You may have a legal claim if your employer retaliated against you for exercising your rights.
Examples include:
- Termination while on FMLA leave.
- Termination shortly after requesting medical leave.
- Denial of leave despite medical certification.
- Pressure to return to work before your health condition improves.
- Reassignment to a lesser role after leave, denying your equivalent position.
Many employers try to sidestep FMLA obligations by citing vague performance issues or company restructuring. These tactics often fall apart under scrutiny, especially if the employment simply continued smoothly before your leave request.
If your job loss followed a leave related to childbirth, surgery, chemotherapy treatments, or caring for an immediate family member, the law may have been violated. An employment lawyer can help assess whether your situation qualifies.
Contact an Experienced Employment Lawyer
If you suspect your employer violated your FMLA rights, contacting an employment lawyer can be a critical next step.
An experienced attorney can:
- Review your documents.
- Determine if the law prohibits employers from taking the action they did.
- Identify if other laws apply (such as the ADA or state laws).
- Help you file a wrongful termination lawsuit (if necessary).
- Advocate for monetary damages, back pay, or job reinstatement.
While not every termination will lead to a lawsuit, it’s crucial to explore your options quickly. Waiting too long can impact your ability to file or gather evidence.
You Deserve to Know Your Rights
Being fired after requesting medical leave is not only unfair, it may be illegal. The Family and Medical Leave Act provides clear protections for eligible employees. Your employer must follow the law, not bend it to avoid their responsibilities.
Knowing what to do immediately after being fired for requesting medical leave empowers you to take action and protect your future. Don’t let confusion or intimidation silence your voice; you have rights, and they deserve to be defended.
The Bourassa Law Group is committed to helping wrongfully terminated employees stand up against unlawful practices. Our law firm will evaluate your case, explain your legal options, and guide you through every step of the process with clarity and compassion. Contact us today for a free consultation.
1-800-870-8910