Can My Employer Fire Me While I’m on Disability Leave?

Disability leave is time off from work that an employee may take to deal with an injury, illness, or other impairment. The leave may be planned or unplanned depending on the circumstances. While you are away from work on unpaid leave your job is protected under certain federal laws. However, there are some instances where your employer may be legally allowed to terminate your employment. Continue reading to discover whether or not your employer can fire you while you are on disability leave. If you were fired illegally do not hesitate to speak with a skilled Marquette disability discrimination lawyer for help.

Can My Boss Fire Me During My Disability Leave?

Generally, no your boss cannot fire you during your disability leave. An employee’s right to take disability leave is federally protected by several laws.

The Family and Medical Leave Act, or FMLA, is a federally regulated law that ensures certain rights of employees. Under the FMLA employees can take up to 12 weeks of unpaid leave annually for a few reasons including the birth or adoption of a new child, to care for a sick relative, or to deal with their own health condition. Disability leave can be taken under this act.

The ADA (Americans with Disabilities Act) also enforces laws to protect workers with disabilities. Under this civil rights law employees with a disability can take time off for medical reasons associated with their disability. They can also request a reasonable accommodation that allows them to perform the essential functions of their job. They may take leave while a reasonable accommodation is being implemented at the office or on their equipment. A reasonable accommodation could come in the form of an adjustable desk for a wheelchair user, the addition of a handicap-accessible parking spot, the installation of specialized software programs, etc.

Both of these federal laws allow workers unpaid, job-protected leave. If you take time off within the confines of either of these laws your employer does not have the legal right to terminate your employment. Doing so makes them vulnerable to litigation.

When Can My Employer Let Me Go?

Although there are federal laws that protect disabled employees from wrongful termination, an employer is not obligated to continue employing anyone indefinitely. The following are some instances where an employer is within their rights to terminate the employment of a worker with a disability.

• The employee does not return to work after their 12 weeks of FMLA unpaid leave
• The employee went over the sick days they are allotted without declaring that they were taking leave under the FMLA
• The employee is unable to perform the functions of their role even with reasonable accommodations

If any of the above are true then the worker can legally be fired. If you are questioning whether or not your termination was legal or violates your employment rights, contact a knowledgeable lawyer for more information and legal counsel.