Medical leave is a necessary pause in employment that allows individuals the time and space they need to recover and rejuvenate. However, the prospect of job termination while on medical leave can leave you unable to properly rest. Whether you are an employee or an employer seeking clarity about the rules surrounding medical leave, it is important to navigate these situations carefully.
If you are concerned about your job security while you are on medical leave or if you were terminated from your position while away on medical leave, seek guidance from The Spiggle Law Firm. We work to foster workplace environments that prioritize fairness and respect, even in the face of health-related challenges. Our experienced team will review your specific circumstances and confirm that your rights are protected.
Can You Lose Your Job While You Are on Medical Leave in Virginia?
The Family Medical Leave Act (FMLA) grants workers in Virginia and across the United States with up to 12 weeks of unpaid medical leave annually. Employers cannot discriminate against an employee or terminate an employee for asserting their rights under the FMLA.
However, there are certain circumstances under which an employer can terminate an employee on medical leave. They include:
Non-Compliance with Company Policies
One of the most common reasons for termination during medical leave is a failure to adhere to company policies. If an employee violates established rules or engages in misconduct while on medical leave or before medical leave, it may provide legal grounds for termination.
Exhaustion of FMLA Leave
FMLA-eligible employees have up to 12 weeks of unpaid leave per year for qualifying medical reasons. However, once this leave is exhausted, the employer may have the right to terminate the employee. It is crucial for employees to track their FMLA leave usage and communicate effectively with their employers regarding the duration of their medical absence.
Pre-Existing Performance Issues
While on FMLA, an employee may still be subject to termination if there is overwhelming evidence of performance issues that existed before the leave began. Employers must carefully document and address performance concerns, ensuring that decisions are based on a comprehensive history rather than solely on the timing of the medical leave.
Evidence of a Pre-Existing Reduction-in-Force Decision
If there is unequivocal evidence that a reduction-in-force decision was already in motion before the employee took FMLA leave, the termination may be deemed legitimate. It is essential for employers to demonstrate that the decision was unrelated to the employee’s protected leave and based on established business needs.
Violation of Employment Contract Terms
If an employee is on medical leave and violates the terms of their employment contract, it may give the employer grounds for termination. This could include unauthorized work for another employer, engaging in activities that contradict the employment agreement, or other breaches of contractual obligations.
Business Necessity
In some instances, an employer may cite business necessity as a reason for termination during medical leave. This typically involves situations where the employer can demonstrate that the termination is necessary for the overall functioning and success of the business.
Wrongfully Terminated While On FMLA? Contact an Experienced Employment Lawyer in Virginia
If you were wrongfully terminated or if you are facing termination while you are on medical leave, contact a skilled employment attorney at The Spiggle Law Firm. At our firm, we help our clients understand their employment and FMLA rights.
Begin exploring potential avenues for resolution with The Spiggle Law Firm today. Set up a free review of your case by calling our office at (202) 449-8527, or you may reach out to us online via our convenient contact form. We will be with you throughout every step of the journey.
