I was sick and had to take a leave of absence. When I came back to work, I was fired. Is it wrong for me to be fired?

Most companies provide “at-will” employment, meaning they can fire employees at any time for any legal reason. (Conversely, employees can quit at any time with or without cause).

However, under the Family and Medical Leave Act (FMLA), eligible employees can take 12 workweeks of leave annually for the following reasons:

  • The birth, adoption or foster care placement of a child
  • The employee’s own serious health condition
  • Caring for a family member with a serious health condition
  • Family emergencies that qualify including serious injury, illness or a family member’s military deployment

You should qualify for a leave under the FMLA if you have worked at least 12 months for a private-sector employer with 50 or more employees, a public agency or a public or private elementary or secondary school no matter how many workers it employs. You must also have worked at least 1,250 hours the year prior to taking leave.

In addition to meeting the eligibility requirements for FMLA, you must comply with your employer’s requirements for requesting a leave of absence.

If you have met all of the above conditions and believe your employer has violated your FMLA rights, you may have been wrongfully terminated. The experienced employment lawyers at Strong Advocates can assist you with a free legal case analysis and help ensure your rights are protected.

Other Frequently Asked Questions

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