Can You Be Fired After Medical Leave in New York? Here’s What You Need to Know
If you’ve recently returned from medical leave and your employer is suddenly giving you a hard time—or worse, has fired you—you’re not alone, and you do have legal rights.
Hi, I’m Scott Peterson from D’Orazio Peterson LLP, a New York law firm that represents individuals in employment discrimination, medical negligence, and personal injury cases. We’re here to help you understand what you can do if you’ve been mistreated or terminated after taking FMLA (Family and Medical Leave Act) leave.
What Is the FMLA and Who Does It Protect?
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. In New York, this often works in conjunction with the New York Paid Family Leave (NYPFL) program, which may provide paid benefits while you’re on leave.
To qualify for FMLA protection:
- You must work for a company with 50 or more employees within a 75-mile radius,
- You must have worked for your employer for at least 12 months, and
- You must have logged at least 1,250 hours during the past year.
What Happens After You Return From Leave?
You’re legally entitled to return to your job—or an equivalent one—after your FMLA leave. But many New York employees come back from medical leave only to find that:
- Their assignments are reduced,
- Their workload becomes unnecessarily difficult,
- Or they start hearing passive-aggressive comments like, “We really struggled without you.”
Sometimes, it escalates to being fired outright. This may be a violation of federal law, and you may be entitled to compensation or reinstatement.
Can Your Employer Fire You After Medical Leave?
The short answer is: not legally, if the termination is because you took FMLA leave. Firing an employee in retaliation for using their FMLA rights is against the law.
But here’s the catch: some employers try to cover their tracks by claiming the termination was for “performance issues” or “restructuring” that just happens to align with your return.
This is where having a New York employment attorney can make a real difference.
What Should You Do If You’ve Been Terminated After Medical Leave?
If you’ve been fired, demoted, or harassed after returning from FMLA or NYPFL leave, don’t try to navigate this on your own. The laws are complex, and timing matters. There are strict deadlines (known as statutes of limitations) for filing a claim.
You may have a legal case for wrongful termination, retaliation, or discrimination. Our team at D’Orazio Peterson helps people across New York every day with situations like yours.
Get Legal Help Today
Call us at 518-308-8339 or visit us at doraziopeterson.com for a free consultation. We’re here to listen, give you honest advice, and help you understand your rights.
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