Can my employer terminate me while I am on a medical leave

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Can my employer terminate me while I am on a medical leave

Can I get terminated while I am on a medical leave

Asked on July 9, 2017 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot be terminated for using FMLA leave or leave under a similar state law, or leave which you were guaranted by a written contract, or which the employer voluntarily let you have. You may be terminated while on leave if:
1) You exceed the permitted leave: e.g you were on FMLA leave but stayed out more than 12 weeks.
2) You did not have authority under law (e.g. under FMLA), under a contract (like a union agreement), or with permission from the employer for leave--just because you have a medical need for leave does not, by itself, let you take leave.
3) There is a restructuring or something similar going on affecting some number of employees, not just you--being on leave does not affect you from layoffs or restructuring.
4) You did something which constitutes "cause" for termination, like insubordination, violation of company policy, etc.--leave does not protect you if there is good cause to terminate you.


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