Can I Be Fired While on Medical Leave in Virginia?

When you are facing a medical crisis, you shouldn’t also have to worry about losing your job. Unfortunately, for many employees in Virginia, and across the United States, this is a real fear. Medical leave is meant to be a lifeline, a period of rest and recovery when your health is at stake. But many people are unable to relax, worried that they could lose their jobs.

If you find yourself in a situation where your medical leave rights are in question, please contact Cook, Craig, and Francuzenko. Our team of dedicated Virginia attorneys have the experience and skill to diligently investigate your situation and safeguard your rights.

Understanding The Types of Medical Leave

Medical leave is a critical benefit. It is designed to protect employees’ jobs when they face health challenges that temporarily prevent them from working. It’s important to understand your rights as an employee in Virginia.

FMLA, or Family Medical Leave Act, is a federal law that provides many employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. In Virginia, FMLA is applicable to qualifying employers and employees.

To be eligible you must:

• Work for an employer with 50 or more employees within a 75-mile radius
• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours during the 12 months preceding the start of your leave

FMLA protects your job during your leave. This means that your employer cannot terminate you for taking medical leave under FMLA if you meet the eligibility requirements.

Virginia Laws

In addition to FMLA, Virginia has state-specific laws. The Virginia Human Rights Acts provides additional protection. This law makes it unlawful for employers with 15 or more employees to discriminate against employees on the basis of their disability or pregnancy. Even though this law doesn’t mandate paid leave, it prohibits employers from firing an employee solely because they are on medical leave or have a disability or pregnancy related condition.

Can I Be Fired While on Medical Leave in Virginia?

That depends. If you are eligible under FMLA, then you are protected from termination because you are on medical leave. The employer can terminate you for other reasons but will need to prove that your leave status was not the reason.

If you believe that you have been wrongfully terminated, you need to seek legal advice immediately. Our attorneys can help you safeguard your rights. Contact Cook, Craig, and Francuzenko today to learn more.