Can i get fired while on medical leave

I was place on medical leave by my
employer due to me being hearing
impairment and having high bp that
requires medicine. I was told not to
return until the dr clear me and having
statements for my hearing aids

Asked on December 3, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You cannot be fired for being on protected medical leave, such as medical leave you received under the Family and Medical Leave Act (FMLA). You can be terminated for unrelated reasons; medical leave is not a protection from all termination. Also, if you went out on leave because you could not work, the employer is entitled to see documentation or evidence that it is safe for you to return to work and that you can do your job (even if with a "reasonable accommodation" for some disability) when you return.


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