Can I be fired while on leave of absence?
Asked by: Josiane Cummerata | Last update: February 7, 2026Score: 5/5 (60 votes)
Yes, you can be fired while on leave, but not for taking the leave itself if it's protected (like under FMLA), but you can be fired for legitimate, unrelated reasons like documented poor performance, company-wide layoffs, misconduct (like fraud), or if you exhaust your leave and can't return to work, according to U.S. Department of Labor (DOL) and Lawyers for Justice, P.C.. Firing someone specifically because they used protected leave is illegal retaliation.
Can I get fired for taking a leave of absence?
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 get fired on a loa?
Employers cannot fire employees solely for taking protected leave under laws such as the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA). However, termination for unrelated reasons may be lawful.
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.
Can you be fired during FMLA leave?
Yes, you can be fired while on FMLA leave, but only for legitimate reasons completely unrelated to your leave, such as documented poor performance, misconduct, or a significant business downturn like layoffs, as FMLA protects you from being fired because you took leave, not from all terminations. Employers must show the termination would have happened regardless, with clear documentation (like prior reviews or consistent policy application) to prove the decision wasn't retaliatory, as terminations happening during or right after FMLA leave face stricter scrutiny.
Can I be fired while I’m out on medical leave?
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.
Can you get terminated while 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.
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 an employer terminate you for medical reasons?
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.
How much notice does an employer have to give for termination?
If they have worked for the employer for: 1 month to 2 years – statutory notice is 1 week. 2 to 12 years – statutory notice is 1 week for each full year they have worked. 12 years or more – statutory notice is 12 weeks.
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 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 is considered a high FMLA violation?
What counts as an FMLA violation by an employer in California? Violations include denying eligible leave, failing to maintain health benefits, not restoring your job or equivalent position after leave, or retaliating against you for taking leave.
What are you entitled to if you are terminated?
Severance pay
A terminated employee may be entitled to more than the minimum amount of termination notice or pay required under employment standards legislation. This is often referred to as severance pay. Severance pay is determined under common law and not required under the Employment Standards Code.
Is it better to take a leave of absence or quit?
The old saying is that it's easier to find a job when you have one. I'd do a leave for as long as possible to stretch out time on resume and make your convos when recruiting easier.
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 you be fired while on a leave of absence?
California law generally prohibits employers from terminating employees for taking protected medical leave.
How long does an employer have to hold your job for 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.
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 are the consequences of a leave of absence?
Termination and a Lawful Leave of Absence
Your employment cannot be terminated because you decided to go on leave. Your employer must keep your old job for when you resume, and if the old job is no longer available, your employer must provide an equivalent.
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 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.
Can you dismiss an employee while they are 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.
Can an employee be terminated immediately?
Yes, in most U.S. states, employers can terminate an employee immediately without notice due to "at-will" employment, meaning termination can happen for any reason (or no reason) as long as it's not an illegal one, like discrimination; however, immediate firing is often reserved for severe misconduct like theft, violence, or policy violations, and some states and contracts provide exceptions, while federal law prohibits discrimination and retaliation.
What is an unapproved leave of absence?
This can include taking an unscheduled day off, arriving late, or leaving early from a shift. Employees absent for more than three consecutive days — without prior approval or notification — are considered to have abandoned their job and may be legally terminated.