Can a job fire you for going on leave?
Asked by: Prof. Abdiel Lebsack DDS | Last update: February 18, 2026Score: 4.3/5 (33 votes)
Yes, you can be fired for taking time off, especially if it's unapproved or excessive, but you're protected from termination for legally protected leave like FMLA (Family and Medical Leave Act) or state-mandated sick/family leave, or if it's a reasonable accommodation under the ADA (Americans with Disabilities Act). Employer policies and "at-will" employment mean they can set rules for approved time off, but firing you for using protected leave or retaliating for it is illegal.
Can you get fired for taking a leave of absence?
Yes. You are not protected from termination while on any kind of leave; FMLA, STD, vacation, sick days, etc.
Can you be fired if you are on leave?
Employers cannot legally fire you simply because you are on sick leave. If they do, you have the right to challenge the termination, seek compensation, or even fight for reinstatement. At Unified LLP, we specialize in employment law, disability claims, and wrongful dismissal cases.
Can someone get fired while on leave?
Employees can be fired for missing a single day because California is an at will employment state. However employees taking medical leave receive job protection for up to 12 weeks.
Can you terminate an employee while on leave?
An employer can dismiss an employee while they're on leave or before they start leave. The usual rules about ending employment apply, including rules about unfair dismissal and redundancy. For example, an employee can't be dismissed because of a temporary absence from work due to illness or injury.
Are You Being Quiet Fired? Signs Your Company Is Hoping You Quit Your Job!
Can an employer terminate an employee during annual leave?
No, employers cannot terminate the services of employees who are on annual leave as the law in article 90 states 'Without prejudice to the instances in which an employer is entitled to dismiss a worker without notice or without the gratuity provided for in this Law, an employer shall not dismiss a worker or serve a ...
Can I terminate an employee for excessive absenteeism due to illness?
Yes, you generally can terminate an employee for excessive absenteeism due to illness, but it's legally complex and requires strict adherence to laws like the FMLA and ADA, plus consistent company policy, to avoid discrimination claims, especially if the illness qualifies as a protected disability or chronic condition. You must establish clear attendance rules, document everything, explore accommodations (like FMLA leave or ADA adjustments), and apply progressive discipline, treating termination as a last resort, not for using protected sick time.
What happens if you get fired during FMLA?
If a termination is found to have violated FMLA, an employee may be able to be put back in the position they would have been in without the firing. That can mean being reinstated to the same job or one with equal pay and benefits.
What are 5 fair reasons for dismissal?
The five fair reasons for dismissal under UK employment law are Conduct, Capability/Qualifications, Redundancy, Breach of a Statutory Duty/Restriction, and Some Other Substantial Reason (SOSR), each requiring a fair process, like investigation, warnings, and consultation, to avoid unfair dismissal claims. These reasons cover employee behavior, inability to do the job (skill/health), role elimination, legal constraints, and other significant business needs.
What's the longest you can take a leave of absence?
You can typically take up to 12 weeks of leave under the federal FMLA (Family and Medical Leave Act) per year for specific family/medical reasons, but some states and employers offer more, with possibilities for extended leave up to 26 weeks for military families or combined leave for multiple events, while shorter or more frequent leaves might be available for personal reasons under company policy, so it depends on the reason, state laws (like California's CFRA), and employer rules.
What is silent firing?
Quiet firing is when a manager subtly pushes an employee to quit by creating a poor work environment or neglecting their support, development, and responsibilities, making the job untenable without a direct termination. Instead of outright firing someone, employers use tactics like excluding them from meetings, withholding feedback, reducing responsibilities, or denying growth opportunities to make the employee feel unwanted and eventually resign, avoiding the costs or conflict of a formal dismissal.
What are valid reasons to take a leave of absence?
Good reasons for a leave of absence (LOA) include medical needs (personal or family), family matters (birth, adoption, bereavement, caregiving), military obligations, educational pursuits, sabbaticals, or significant personal/family emergencies like a house disaster or major upheaval, with legally protected leaves (like FMLA in the U.S.) offering job security for serious conditions or family care. The key is honesty, clear communication about timelines, and aligning with company policy or legal requirements.
Can I terminate an employee who is on sick leave?
Yes, you can be sacked for being off sick, but not simply for being ill; it's usually about failing to follow company policy, excessive absences impacting the business, or if the illness prevents you from doing your job, especially if it's long-term, but legal protections like FMLA/ADA and anti-discrimination laws mean employers must follow fair procedures and consider accommodations, making unfair dismissal illegal.
Does FMLA prevent firing?
No. FMLA does not shield employees from termination for legitimate performance issues or misconduct. The key factor is whether the employer can prove the decision was based on documented performance problems rather than the employee's use of leave.
Do you need proof for a leave of absence?
Under the regulations, an employer should request medical certification, in most cases, at the time an employee gives notice of the need for leave or within five business days. If the leave is unforeseen, the employer should request medical certification within five days after the leave begins.
Can your employer stop you from taking leave?
Yes, an employer can generally refuse requests for vacation or paid time off (PTO) for business reasons like peak seasons or staffing, but they usually cannot deny legally protected leave, such as FMLA (Family and Medical Leave Act) or CFRA (California Family Rights Act) leave for serious medical issues, provided the employee follows proper procedures. Denials for non-protected time off must align with company policy, while protected leave denials are subject to specific federal and state laws.
What are legal reasons to be fired?
California Is an “At-Will” State
This means that all employers have the right to terminate employees at will, for almost any reason, or for no reason at all. This does not, however, mean that an employer can fire someone out of discrimination, harassment, or retaliation.
What qualifies for instant dismissal?
This is when you dismiss someone instantly without notice or pay in lieu of notice, usually because of gross misconduct (for example theft, fraud, violence).
Can I quit before I get fired?
Voluntary resignation: You choose to leave for personal and/or professional reasons. Resignation instead of termination: You resign after being given the option to quit before being fired. Mutual agreement: Both you and your employer decide that parting ways is the best course.
How long does an employer have to hold a job for someone on medical leave?
An employer must hold a job for an eligible employee on medical leave for 12 weeks per year under the federal Family and Medical Leave Act (FMLA), requiring restoration to the same or an equivalent job. If leave extends beyond 12 weeks, job protection isn't guaranteed under FMLA, but the Americans with Disabilities Act (ADA) may require longer leave as a "reasonable accommodation" unless it causes "undue hardship" for the employer, with some states (like California with CFRA) offering more extensive protections.
What is considered FMLA abuse?
FMLA abuse occurs when an employee misrepresents the need for leave or uses approved leave in a way that contradicts the condition it was granted for. The law protects employees who use leave for qualifying reasons, but it does not shield those who provide false information or misuse medical certifications.
What are common FMLA violations?
Common FMLA violations involve interfering with an employee's right to take leave, such as denying requests or retaliating, and failing to provide job protections, like not reinstating them to an equivalent job or benefits, with other major issues including miscounting leave, improper medical certification handling, and poor record-keeping. Employers often violate the FMLA by punishing employees for taking protected time off, even under "no-fault" attendance policies, or by trying to discourage leave use.
How many absences before fired?
You can often be fired for missing just one day without proper notice in at-will employment states, but it heavily depends on your company's policy, your attendance history, and legal protections like FMLA or ADA for serious medical issues; generally, a pattern of 3+ unexcused absences in 90 days is often a trigger for action, but some employers use point systems, with termination possible after 15-20 points.
What is considered excessive sick leave?
There's no strict legal definition of excessive sick leave, it's all about patterns and impact. However, it typically refers to either frequent short-term absence or a long-term absence with no clear return date. For example: An employee is off sick repeatedly often on similar days.
Can you lose your job because of a medical condition?
You can't be fired simply for having a medical condition, but you can be fired if your illness prevents you from doing your job and your employer has made required accommodations, or if the firing isn't related to discrimination or retaliation under laws like the ADA (Americans with Disabilities Act) or FMLA (Family and Medical Leave Act). Key protections exist for disabilities and serious health conditions, requiring employers to offer reasonable accommodations or protected leave, but termination can be legal if performance standards aren't met, the condition isn't a protected disability, or if it poses a direct threat, making legal consultation often necessary.