Fired After Medical Leave? Here’s What You Need to Know in New York
If you’re facing a serious health issue, the last thing you should have to worry about is whether you’ll still have a job when you recover. Many employees in New York assume that taking medical leave—especially when they work for a large company—means their job will be protected. But for some, that illusion is shattered when they return, only to hear: “You’re fired.”
Can They Really Fire You After Medical Leave?
In many cases, no—they can’t. Terminating an employee after a protected medical leave may violate both federal and New York State laws. Unfortunately, it still happens far too often.
At D’Orazio Peterson, we help individuals across New York who were wrongfully terminated after taking medical leave. Whether your time off was due to:
- A serious personal illness,
- A pregnancy-related condition, or
- The need to care for a sick family member,
you may be protected under the Family and Medical Leave Act (FMLA) and New York State Human Rights Law (NYSHRL).
What Legal Protections Exist in New York?
If you work for an eligible employer (typically with 50 or more employees) and meet certain requirements, FMLA allows you to take up to 12 weeks of unpaid, job-protected leave per year. In New York, the Paid Family Leave (PFL) law also provides additional protections, particularly for family care or bonding with a new child.
It is illegal for your employer to retaliate against you or fire you just for taking qualified medical leave. Yet too many employers violate these laws, either through ignorance or intentional disregard.
What Should You Do If You’ve Been Fired After Medical Leave?
If you’ve been terminated after taking medical or family leave in New York, you have options:
- Don’t panic — document everything you can about your leave and termination.
- Contact an experienced employment attorney who understands New York labor law.
- Know your rights — you may be entitled to compensation or even reinstatement.
At D’Orazio Peterson, we’re here to help you pick up the pieces. We’ll listen to your story, answer your questions, and fight for your rights if your employer acted unlawfully.
Let’s Talk.
If you’re in New York and believe you’ve been wrongfully fired after taking medical leave, contact us today at (518) 308-8339. We’re ready to help you move forward.