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This question is about employer.
Can an employee be terminated while on medical leave?
Yes, an employee can be terminated while on medical leave. However, this depends on the specific circumstances. You are sometimes protected from being fired while on medical leave.
The Family and Medical Leave Act (FMLA) makes it so a qualified employee can take up to a maximum of 12 weeks of unpaid leave from a place of employment without fear of being terminated.
It is worth noting that federal protections only exist for those who work for businesses and organizations that have at least 50 employees in total.
Employees can be terminated while on medical leave if the termination does not have to do with the fact that the employee is on medical leave.
Here are some scenarios where an employee can be terminated while on medical leave:
The organization or business is pursuing legitimate downsizing
There is genuine restructuring going on at the business or organization
Valid termination for cause, such as poor employee performance
Because of these caveats, it does make it easier for certain organizations to terminate employees that are on medical leave if they choose to do so.
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