Employees on medical leave can face uncertainty about their job security. This is especially true if they’re terminated during their recovery. Knowing the legal protections in place can help employees make sense of this difficult situation.
Family and Medical Leave Act (FMLA) protections
The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take up to 12 weeks of unpaid, job-protected leave. However, FMLA does not prevent termination for reasons unrelated to the leave. FMLA key points:
- Eligibility: To be eligible for FMLA, the employee must work for a covered employer. They must also have worked at least 1,250 hours in the past 12 months, and work at a location where the employer has 50 or more employees within 75 miles.
- Job protection: While on FMLA leave, the employee’s job or an equivalent position must be available upon their return.
Americans with Disabilities Act (ADA) protections
The Americans with Disabilities Act (ADA) prohibits discrimination against employees with disabilities. If an employee is on medical leave due to a disability, the ADA may provide further protections. Under the ADA, employers must provide reasonable accommodations, which may include extended leave beyond FMLA.
Texas state laws
Along with federal protections, Texas law provides additional protections for employees on leave. Texas does not have a state-level equivalent to FMLA, but state laws against wrongful termination and discrimination reinforce federal protections, like the Texas Commission on Human Rights Act.
Protecting your rights while on medical leave
While employees on medical leave have legal protections under the FMLA and ADA, these protections are not absolute. Understanding these laws is essential for navigating wrongful termination claims related to medical leave.
