A serious illness or injury is one of the most stressful events a person can experience. Whether you are dealing with a sudden medical emergency, a chronic condition, or the need to care for a sick family member, your primary focus should be on health and recovery. The last thing you should have to worry about is losing your job. Yet, for many employees in New Jersey, the fear of being fired while on medical leave is a harsh reality. When an employer terminates you during your most vulnerable moment, it is not just a financial blow; it is a profound betrayal of trust.
If you have been fired while on medical leave or shortly after requesting time off for a health condition, you may be the victim of wrongful discharge. Both federal and state laws provide strong protections for employees who need to take time away from work for medical reasons. At jerseyemploymentattorney.com, we believe that no one should have to choose between their health and their livelihood. We are dedicated to holding employers accountable when they violate medical leave laws and fighting for the compensation and justice our clients deserve.
The Family and Medical Leave Act (FMLA)
The cornerstone of medical leave protection in the United States is the Family and Medical Leave Act (FMLA). This federal law entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in 12 months for specified family and medical reasons.
To be eligible for FMLA leave, you must:
- Work for a covered employer (generally, a private employer with 50 or more employees, or a public agency).
- Have worked for the employer for at least 12 months.
- Have worked at least 1,250 hours during the 12 months immediately preceding the start of the leave.
- Work at a location where the employer has at least 50 employees within 75 miles.
You can take FMLA leave for several reasons, including:
- Your own serious health condition that makes you unable to perform the essential functions of your job.
- To care for your spouse, child, or parent who has a serious health condition.
- The birth of a child and caring for the newborn child within one year of birth.
- The placement of a child with the employee for adoption or foster care, and to care for the newly placed child within one year of placement.
The New Jersey Family Leave Act (NJFLA)
In addition to the FMLA, New Jersey has its own family leave law: the New Jersey Family Leave Act (NJFLA). The NJFLA provides up to 12 weeks of job-protected leave in 24 months.
While the NJFLA is similar to the FMLA, there are key differences:
- Covered Employers: The NJFLA applies to employers with 30 or more employees worldwide (a lower threshold than the FMLA).
- Covered Reasons: The NJFLA does not cover leave for your own serious health condition. It only covers leave to care for a newly born or adopted child, or to care for a family member with a serious health condition. (For your own health condition, you would rely on the FMLA or the New Jersey Law Against Discrimination).
- Definition of Family Member: The NJFLA has a broader definition of “family member” than the FMLA, including parents-in-law, siblings, grandparents, domestic partners, and any other individual related by blood or whose close association is the equivalent of a family relationship.
Your Rights While on Leave
When you take protected leave under the FMLA or NJFLA, you have two fundamental rights:
- Job Restoration: Upon returning from leave, you must be restored to your original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.
- Maintenance of Health Benefits: Your employer must maintain your group health insurance coverage under the same terms and conditions as if you had not taken leave.
Illegal Employer Actions
It is illegal for an employer to interfere with, restrain, or deny the exercise of any right provided under the FMLA or NJFLA. It is also illegal for an employer to discharge or discriminate against any person for opposing any practice made unlawful by these laws.
Common violations include:
- Firing you while you are on leave.
- Firing you shortly after you request leave.
- Refusing to reinstate you to your original or an equivalent position when you return.
- Demoting you or cutting your pay upon your return.
- Counting your FMLA/NJFLA leave as “absences” under a no-fault attendance policy.
- Pressuring you to work while you are on leave.
- Failing to notify you of your FMLA/NJFLA rights when you request time off for a qualifying reason.
The Intersection with Disability Discrimination
If you are taking leave for your own serious health condition, you may also be protected by the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD). These laws prohibit discrimination based on disability and require employers to provide reasonable accommodations.
In some cases, a leave of absence (even beyond the 12 weeks provided by the FMLA) can be considered a reasonable accommodation under the ADA or NJLAD. If your employer fires you because you need a few extra weeks to recover, they may be violating disability discrimination laws.
What to Do if You Are Fired
If you are fired while on medical leave or shortly after returning, you must act quickly to protect your rights.
- Do Not Sign a Severance Agreement: Employers often try to get you to sign away your rights in exchange for a small severance payment. Do not sign anything without consulting an attorney.
- Gather Documentation: Collect all emails, letters, medical notes, and performance reviews related to your employment and your leave.
- Document the Termination: Write down exactly what was said during your termination meeting, who was present, and the reasons given for your firing.
- Contact an Employment Lawyer: Medical leave cases are complex, and the interplay between the FMLA, NJFLA, ADA, and NJLAD requires specialized legal knowledge.
Fighting for Your Livelihood
Losing your job while dealing with a medical crisis is devastating. But you do not have to accept an illegal termination. The laws are designed to protect you during these vulnerable times, and employers who violate these laws must be held accountable.
At our firm, we have extensive experience handling complex medical leave and retaliation cases. We know how to investigate these claims, uncover the true reasons for termination, and build a strong case for our clients. We are passionate about ensuring that employees can take the time they need to heal without fear of losing their livelihood.
If you have been fired or penalized for taking medical leave, we urge you to contact us for a free and confidential consultation. Let us help you fight for the justice and compensation you deserve.
Frequently Asked Questions (FAQ)
Q: Can my employer fire me while I am on FMLA leave if they were planning to lay me off anyway?
A: Yes, but the burden is on the employer to prove it. The FMLA does not protect you from a legitimate, non-discriminatory layoff that would have happened regardless of your leave. However, if the employer uses the layoff as a pretext to get rid of you because you took leave, that is illegal retaliation.
Q: Do I have to use the exact words “FMLA” or “NJFLA” when requesting leave?
A: No. You do not have to specifically mention the laws by name. You only need to provide your employer with enough information to let them know that your leave may be covered by the FMLA or NJFLA (e.g., telling them you need surgery or that your spouse is seriously ill). Once you provide this information, the burden shifts to the employer to inquire further and notify you of your rights.
Q: What if I am not eligible for FMLA or NJFLA leave? Can I still be fired for being sick?
A: Even if you do not meet the strict eligibility requirements for the FMLA or NJFLA (e.g., you haven’t worked there long enough, or the company is too small), you may still be protected by the New Jersey Law Against Discrimination (NJLAD). The NJLAD requires employers to provide reasonable accommodations for employees with disabilities, which can include a leave of absence, regardless of the employer’s size or the employee’s length of service.