Is it legal to be terminated while on medical leave?

I was out on FMLA for about 5 weeks and was terminated for reason of my absence from work.

Asked on September 25, 2012 under Employment Labor Law, Virginia


Michael Jacobson / M.A. Jacobson, P.S., Inc.

Answered 8 years ago | Contributor

In general, an eligible employee (1250 hours of service over the course of 12 prior months) whose physician or other health care provider has certified them for FMLA is entitled to (1) the full grant of 480 unpaid work hours guaranteed by law and (2)the right to re-start one's last job assignment (or one substantially the same) anytime he is fit for work within those 480 hours; (3) the right to have no penalty or negative inference or "interference" with attaining the fully guaranteed rights identified in 1 and 2.  Discipline action for being on leave is illegal FMLA interference.  This is a federal right, which does not change depending on what state you live in.     An in person assessment from  a qualified employment lawyer is an indispensible step in determining any emlpoyee's legal rights. 

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