Is Being Fired After Medical Leave Legal?

Losing your job is stressful, and it can be especially devastating when it happens after you’ve taken time off to care for your health or a loved one. The law provides protections, but navigating them alone can be difficult. At the Law Office of Mitchell A. Kline, we help employees in the Chicago area understand their rights and take action against wrongful termination. If you’ve been fired after taking medical leave, it’s crucial to know where you stand.

Here is what Illinois employees should understand about their rights:

• The Family and Medical Leave Act (FMLA) offers job-protected leave.
• The Illinois Human Rights Act also protects against disability discrimination.
• It is illegal for an employer to retaliate against you for taking legally protected leave.

Am I Protected if I Take Medical Leave?

Federal and state laws protect employees who need to take time off for serious health conditions. The primary law is the Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year. This can be for your own serious health condition or to provide care for immediate family. The main purpose of FMLA is to ensure your job is waiting for you when you return.

What Are Signs My Termination Was Wrongful?

It can be difficult to prove your termination was wrongful, but certain signs may suggest your employer acted illegally. If you suspect your firing was connected to your medical leave, look for red flags that could strengthen your case.

Common signs of wrongful termination include:

• Timing: Being fired shortly after you request leave, take leave or return from it is a significant indicator.
• Shifting Reasons: Your employer gives vague, inconsistent or changing reasons for your termination.
• Negative Comments: You overheard or were subjected to negative remarks about your leave or your medical condition.
• Sudden Performance Issues: You had a strong performance record before your leave, but were suddenly cited for poor performance upon your return.
• Replaced by Another Employee: Your position was not eliminated but was instead filled by a new hire.

How Can I Prove I Was Fired for Taking Leave?

To build a successful wrongful termination claim, you need to show a clear link between your medical leave and your employer’s decision to fire you. This requires gathering evidence to demonstrate that the reason your employer gave for the termination was a pretext for illegal discrimination or retaliation.

An attorney can help you gather and present evidence, such as:

• Emails and Communications: Any written correspondence regarding your leave request, your medical condition and your termination.
• Performance Reviews: Past and present performance evaluations that show a history of positive work.
• Company Policies: Your employee handbook and any policies related to medical leave and termination.
• Witness Testimony: Statements from coworkers who may have observed discriminatory behavior or have knowledge of your situation.

An attorney can use this evidence to develop a compelling case showing that you were fired not for a legitimate business reason, but because you exercised your right to take medical leave.

Protect Your Rights Today

Being fired after taking medical leave can leave you feeling powerless, but you have rights. The laws are complex, but you don’t have to face this challenge alone. At the Law Office of Mitchell A. Kline, we have provided comprehensive legal services to employees throughout the Chicago area. If you believe you were wrongfully terminated, contact us for a confidential consultation.