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Can I Be Terminated While on Medical Leave in Virginia?

Imagine you are facing a health crisis, grappling with the uncertainty of a medical condition. The last thing you need is the looming fear of losing your job. For many employees in Virginia and across the United States, this scenario is a harsh reality. Medical leave is meant to be a lifeline, a period of respite and recovery when your health is at stake, but many people are unable to relax, wondering if they could lose their jobs.

Your health and job security are paramount. If you find yourself in a situation where your medical leave rights in Virginia are in question, seek guidance from The Spiggle Law Firm. Our team of dedicated Virginia attorneys is experienced in state and federal employment laws and will work diligently to investigate your situation and safeguard your rights.

Understanding Medical Leave in Virginia


Medical leave is a critical benefit designed to protect employees’ jobs when they face health challenges that temporarily prevent them from working. It provides peace of mind to individuals who need time off to recover from illness or injury without fearing job loss. However, the rules surrounding medical leave can be convoluted, and understanding your rights as an employee in Virginia is essential.

Family and Medical Leave Act (FMLA)


The Family and Medical Leave Act (FMLA) is a federal law that provides many employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons. In Virginia, as in all states, FMLA is applicable to qualifying employers and employees. To be eligible for FMLA protection, you must meet certain criteria:

  • You must work for an employer with 50 or more employees within a 75-mile radius.
  • You must have worked for the employer for at least 12 months.
  • You must have worked at least 1,250 hours during the 12 months preceding the start of your leave.

FMLA provides job protection during your leave, meaning your employer cannot terminate you for taking medical leave under FMLA if you meet the eligibility requirements.

Virginia’s Medical Leave Laws


In addition to FMLA, Virginia has its own state-specific medical leave law. The Virginia Human Rights Act (VHRA) provides additional protections for employees facing medical issues. This law makes it unlawful for employers with 15 or more employees to discriminate against employees on the basis of their disability or pregnancy.

While this law does not mandate paid leave, it prohibits employers from firing an employee solely because they are on medical leave or have a disability or pregnancy-related condition.

Reasonable Accommodations


Under both federal and Virginia law, employers are generally required to make reasonable accommodations for employees with disabilities. This includes providing accommodations during your medical leave or modifying your job duties upon your return to work, if necessary, to accommodate your medical condition.

Protections Against Retaliation for Taking Medical Leave in Virginia


In Virginia, employees who take medical leave under the FMLA or VHRA are generally protected from termination solely because of their medical leave or medical condition. These federal and state laws are designed to ensure employees are not unfairly penalized for facing health challenges. Therefore, your employer cannot take adverse actions against you, such as termination, because you exercised your legal rights to medical leave or reasonable accommodations.

While the laws discussed above provide substantial protections for employees on medical leave in Virginia, there may be certain exceptions and limitations. For instance, if your employer can demonstrate that your termination was unrelated to your medical leave, such as due to company-wide layoffs or job performance issues, they may be within their rights to terminate you. However, it is crucial to consult with a Virginia employment attorney to fully understand your rights and navigate any specific circumstances related to your situation.

Were You Fired While on Medical Leave in Virginia? Contact an Attorney Today


If you or someone you know is facing uncertainties about medical leave and job security in Virginia, seek professional advice. At The Spiggle Law Firm, we defend the rights of workers across Virginia. Our goal is to hold employers responsible for their inadequacies and make Virginia a better place for all workers, no matter what type of health issues they face.

Contact our Virginia employment lawyers today for a complimentary case review by calling (202) 449-8527 or reaching out to us online to get started.

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