Can you terminate an employee while on leave?
Asked by: Enid Kshlerin | Last update: February 16, 2026Score: 5/5 (29 votes)
Yes, an employer can terminate an employee while they are on leave, but only for legitimate reasons unrelated to the leave itself, such as documented poor performance, misconduct, company-wide layoffs, or business necessity; firing someone because they took protected leave (like FMLA) is illegal retaliation and wrongful termination, requiring careful documentation to prove the decision would have happened anyway.
Can someone be fired while on leave?
How many days of work can you miss before you get fired? 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 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 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 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.
Terminating Employees with Grace- HR Minute
Can you terminate an employee 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 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.
Can you be dismissed 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.
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.
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.
Do I lose my annual leave if I get fired?
An employee's unused annual leave gets paid out when their employment ends. This includes annual leave loading if the employee gets it when they take annual leave. Annual leave loading is paid out on termination even when an award, enterprise agreement or employment contract says that it's not.
Can an employer terminate an employee 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 the law around annual leave?
Almost all people classed as workers are legally entitled to 5.6 weeks' paid holiday a year (known as statutory leave entitlement or annual leave).
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.
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 employers contact you while on leave?
To reduce potential risk, an employer should not contact an employee on leave with work-related questions, unless necessary. If a manager has a crucial question that cannot wait until an employee returns from leave, communication with the employee should be kept brief and to the point.
What is the 3 3 3 rule for working?
The 3-3-3 rule for working, popularized by Oliver Burkeman, is a time management method that breaks your workday into three main blocks: three hours for deep focus on your most important project, followed by three hours for shorter, urgent tasks (like emails, calls), and ending with three hours on routine maintenance activities (admin, planning). This technique provides structure, prevents burnout by saving simple tasks for later, and ensures progress on major goals while staying on top of daily necessities, creating a balanced and productive day.
What is cold firing?
In this way, “quiet firing” is something of a misnomer: It does not actually refer to firing an employee at all. Instead, employees may feel pushed into situations that cause them to dislike their jobs, feel alienated from their work, or underperform, leading them to quit or resign.
Do you need to give a 3 warning when terminating an employee?
Myth: As an employer you have to give employees three warnings before terminating their employment. Fact: There is no legal requirement to give three warnings. The exception may be the inclusion of a disciplinary process within an enterprise agreement and in this case, it is legally binding.
Can I be terminated while on leave?
California law generally prohibits employers from terminating employees for taking protected medical leave.
Can I terminate an employee for excessive absenteeism?
You can terminate an employee for excessive absenteeism, but only if you follow a clear, documented process. That means setting fair attendance rules, tracking absences carefully, ruling out protected leave, addressing concerns early, applying progressive discipline, and treating termination as the final step.
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.
How to terminate an employee based on attendance?
Firing Your Employee
You have given them warnings, verbally communicated with them of their errors in attendance, and have documented their performance. If you see that their attitude to maintaining regular attendance has not changed, then you are completely liable to terminate this employee's position at the company.
Can you dismiss an employee who is off sick?
Whether it's your employer's fault that you're off sick
It might still be reasonable for your employer to dismiss you if you're unlikely to be fit enough to return to work and they can't offer you suitable alternative employment. Your employer will be expected to do everything they reasonably can to help you.
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.