Being terminated from your job while on medical leave can raise a slew of overwhelming questions, not only about your immediate financial security but also about whether your employer violated any laws designed to protect workers in exactly this situation. Many New Jersey workers face this difficult scenario and find themselves unsure of their rights or what steps they should take next.
Can My Employer Fire Me While I Am on Medical Leave?
The answer is complex, and it depends heavily on whether your employer’s decision to let you go was motivated by your medical leave or by independent, legitimate business reasons. While they cannot fire you for taking medical leave itself, they can terminate you for legitimate business reasons unrelated to your leave, such as a genuine reduction in force or documented performance issues that predated your leave request.
The critical question that courts examine is whether your medical leave was a factor in the termination decision, however small that factor might be. If your employer cited your leave, used it as justification for firing you, or selectively terminated employees on leave while retaining others in similar positions with comparable performance records, this could constitute a clear violation of your rights.
What Protections Does the FMLA Provide?
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period, offering significant protection during times when you need to prioritize your health.
To qualify for FMLA protection, you must work for an employer with at least 50 employees within a 75-mile radius, have worked for your employer for at least 12 months, and have logged at least 1,250 hours in the previous year.
FMLA leave can be taken for your own serious health condition, to care for a family member with a serious health condition, for the birth or adoption of a child, or for certain military family reasons. During your FMLA leave, your employer must maintain your health insurance benefits under the same terms as if you were actively working, meaning you continue accruing benefits and your insurance coverage does not lapse.
When you return from FMLA leave, you have the right to be reinstated to your same position or an equivalent position with identical pay, benefits, and working conditions.
Your employer cannot retaliate against you for taking FMLA leave by demoting you, reducing your hours, disciplining you, or creating a hostile work environment, as these actions could constitute illegal retaliation and may form the basis for additional legal claims.
How Does the New Jersey Family Leave Act Differ from FMLA?
The New Jersey Family Leave Act (NJFLA) offers additional protections that complement federal law and, in some respects, provide broader coverage than the federal statute. The NJFLA applies to employers with 30 or more employees, which means some employees covered by NJFLA are not covered by FMLA, since FMLA requires employers with 50+ employees.
The NJFLA provides up to 12 weeks of unpaid leave within a 24-month period, and to qualify, you must have worked for your employer for at least 12 months and completed at least 1,000 hours during that time, 100 hours fewer than the FMLA requires.
The NJFLA does not cover leave for your own serious health condition, which means if you are dealing with your own medical issues, you will primarily rely on FMLA protection. Instead, it specifically protects time off for bonding with a newborn or adopted child, caring for a family member with a serious health condition, or providing care for a child when their school or childcare facility is closed due to a public health emergency.
Can I Receive Damages if My Rights Were Violated?
If you successfully prove that your employer violated the FMLA, NJFLA, or New Jersey Law Against Discrimination, you may be entitled to substantial remedies that can help restore your losses and hold your employer accountable.
Under the FMLA, damages include lost wages, employment benefits, interest, and liquidated damages equal to your economic losses, effectively doubling your compensation and creating a powerful incentive for employers to comply with the law. You may also receive reinstatement to your position and payment of lawyer’s fees, which means you will not have to pay legal costs from your own pocket.
The NJFLA provides similar but distinct remedies, including restoration of denied leave time, damages for pain and emotional distress, restoration of employee benefits, out-of-pocket expenses you incurred due to the wrongful termination, and punitive damages up to $10,000.
Get the Experienced Legal Counsel You Need With Our Moorestown Employment Lawyers at Burnham Douglass
If you were terminated while on medical leave or shortly after returning to work, our Moorestown employment lawyers at Burnham Douglass can advocate for your rights. For a free consultation, call today at 856-751-5505 or contact us online. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients in the surrounding areas.