Fired After Taking Medical Leave?

October 15 , 2026

Coming back from medical leave should not mean losing your job. Still, some employees in Chicago return to find their position gone, their performance questioned, or are told the company cannot keep them. Whether this is legal depends on the reason for the leave, which laws apply, what the employer knew about your medical condition, and the true reason for the firing. 

Both federal and Illinois laws offer several protections for employees who need time off for a serious health condition or disability. When we review these cases, we look past the termination letter and consider the timing, communications, work history, and how the employer acted before and after the leave.

The Family And Medical Leave Act Protects Eligible Employees

The federal Family and Medical Leave Act, commonly called the FMLA, is one of the most important protections for employees who need medical leave. Under 29 U.S.C. § 2612, eligible employees may take up to 12 workweeks of protected leave during a 12-month period for qualifying reasons, including a serious health condition that makes the employee unable to perform the functions of the job.

Not every employee or employer is covered. Generally, a private employer must have at least 50 employees for the FMLA to apply. An employee ordinarily must have worked for the employer for at least 12 months, completed at least 1,250 hours of service during the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles. 

FMLA leave is usually unpaid, but sometimes paid leave can be used at the same time. The most important part is that FMLA leave protects your job.

Under 29 U.S.C. § 2614, an eligible employee returning from protected FMLA leave generally has the right to return to the same position or an equivalent position with equivalent pay, benefits, and other employment terms. 

This does not mean an employer can never fire someone who is on FMLA leave. Taking leave does not give an employee more job security than they would have had otherwise. For example, if there is a real company-wide layoff, an employee on leave could still lose their job if the employer can show the layoff would have happened anyway. However, an employer cannot legally fire someone just because they used their FMLA rights.

FMLA Interference And Retaliation Can Lead To Legal Claims

Federal law addresses both interference with FMLA rights and retaliation for exercising those rights. Under 29 U.S.C. § 2615, an employer may not interfere with, restrain, or deny the exercise of FMLA rights. Employers also cannot discriminate against employees for using protected FMLA leave.

The U.S. Department of Labor specifically states that employers may not punish, suspend, threaten, discriminate against, or fire an employee because the employee requested or used FMLA leave. 

Interference can take many forms. An employer might refuse qualifying leave, improperly count protected absences under an attendance policy, discourage an employee from requesting leave, or refuse reinstatement when the employee is legally entitled to return.

Retaliation can look different. An employee might get FMLA leave but then be treated badly because the employer was unhappy about the time off. For example, a sudden bad review, demotion, fewer hours, a worse assignment, discipline, or being fired soon after taking leave can all be signs of retaliation.

Timing is important, but it is not the only thing that matters. We look at what managers said, when they made their decisions, if company rules were followed the same way for everyone, and if the employer’s reason matches your work record.

The ADA May Protect Employees Who Need Additional Medical Leave

The FMLA is not the only federal law that matters. A medical condition may also qualify as a disability under the Americans with Disabilities Act.

Title I of the ADA, including 42 U.S.C. § 12112, prohibits covered employers from discriminating against qualified individuals because of disability and requires reasonable accommodation when appropriate, unless the accommodation would impose an undue hardship.

Medical leave itself can sometimes be a reasonable accommodation.

This is especially important if an employee has used up all their FMLA leave or was never eligible for it. Just because someone has used all 12 weeks of FMLA leave does not mean the employer can fire them without also thinking about their duties under the ADA.

The Equal Employment Opportunity Commission explains that an employer may sometimes be required to provide additional unpaid leave as a reasonable accommodation when it would enable an employee with a disability to return to work and would not impose an undue hardship on the employer. 

This does not mean employees have a right to unlimited or never-ending leave. What matters are the details, like how much extra time is needed, if there is a planned return date, what the job involves, and how the absence affects the company.

Employers May Need To Discuss Reasonable Accommodations Before Firing Someone

A common problem occurs when an employee approaches the end of medical leave but cannot return without restrictions. Perhaps the employee needs several additional weeks to recover from surgery. Another employee may be medically cleared to return but needs temporary lifting restrictions, periodic breaks, a modified schedule, or another workplace adjustment.

An employer covered by the ADA should not treat these situations as a resignation or a reason to fire someone without further thought. If an employee asks for something because of a medical condition, the employer may need to consider reasonable changes and talk with the employee about possible solutions.

The EEOC cautions employers against rigid maximum-leave policies that result in automatic termination without considering whether additional leave may constitute a reasonable accommodation. It also states that requiring an employee to be completely healed or to return without any restrictions may violate the ADA when the employee could perform the essential functions of the position with a reasonable accommodation. 

When we investigate a termination, we therefore examine whether the employee requested additional time or workplace restrictions, how the employer responded, and whether alternatives were meaningfully considered before the firing occurred.

Illinois Law Provides Additional Protection Against Disability Discrimination

Employees in Chicago may also have rights under the Illinois Human Rights Act. The Illinois Human Rights Act, 775 ILCS 5/1-102 and 775 ILCS 5/2-102, prohibits unlawful employment discrimination based on protected characteristics that include physical and mental disability. Illinois law makes it a civil rights violation for a covered employer to take prohibited employment action, including discharge or discipline, because of unlawful discrimination. 

Illinois regulations also address reasonable accommodation for employees with disabilities. The state’s disability discrimination regulations implementing the Illinois Human Rights Act specifically address reasonable accommodation in employment. 

These protections can matter when an employee’s medical leave is connected to a qualifying physical or mental disability. A termination described by the employer as an attendance issue, inability to return immediately, or operational necessity may need closer examination if disability discrimination played a role.

Federal and Illinois claims may overlap, but they are not necessarily identical. That is why we evaluate all potentially applicable laws rather than assuming the FMLA is the only source of protection.

Illinois Paid Leave Law May Also Affect Some Terminations

Illinois employees may also have rights under the Illinois Paid Leave for All Workers Act, 820 ILCS 192/1 et seq., depending on where they work and whether the Act applies to their employment.

The law generally provides covered Illinois employees with paid leave that may be used for any reason. Of particular importance in a termination case, 820 ILCS 192/25 prohibits employers from taking adverse action against employees because they exercise or attempt to exercise rights under the Act. Employers also may not use protected paid leave as a negative factor in disciplinary and other employment decisions. 

Employees working within Chicago may also be subject to local leave requirements, so the exact workplace location and employer policies should be reviewed.

A termination involving medical leave can therefore involve several laws at the same time. We determine which protections actually apply based on the employee’s workplace, employer size, length of employment, reason for leave, and medical circumstances.

Warning Signs That A Medical Leave Termination May Be Unlawful

Employers rarely state openly that they are terminating someone because the employee became ill or took protected leave. We usually have to examine the surrounding facts.

We pay close attention when a worker had positive evaluations before requesting leave but suddenly developed alleged performance problems afterward. The same is true when a supervisor complains about the inconvenience of an employee’s medical absences, pressures the employee to return early, repeatedly questions whether leave is truly necessary, or tells the employee that the company needs someone who is “more reliable.”

Other concerns arise when an employer fills the employee’s position permanently during protected leave, applies attendance rules to protected absences, refuses to discuss a medically necessary accommodation, or terminates an employee almost immediately after the employee requests additional medically necessary leave.

None of these facts automatically proves a violation. They can, however, become important evidence when combined with emails, text messages, performance reviews, attendance records, personnel documents, medical certifications, and testimony from coworkers or supervisors.

Contact Our Chicago Employment Law Attorney About A Medical Leave Termination

Losing a job after dealing with a serious medical condition can create financial pressure at the same time you are trying to recover. If the termination occurred during medical leave, immediately after your return, or after you requested additional leave or workplace accommodations, we can examine whether your employer violated federal or Illinois employment law.

At the Law Office of Josh McCann, we represent employees in Chicago employment disputes involving FMLA retaliation, medical leave, disability discrimination, reasonable accommodations, wrongful termination, and related workplace claims. We review the chronology carefully because the circumstances surrounding a termination often reveal more than the employer’s official explanation.

If you were fired after taking medical leave and want to understand your rights, call our Chicago medical leave lawyer at the Law Office of Josh McCann at (847) 450-1103 to receive your free consultation.

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