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Understanding Job Security: Can You Be Fired While on FMLA Leave or Disability?

Taking time off work for a serious health condition or disability is stressful enough—worrying about whether you’ll have a job to return to can make it worse. Many employees in Texas ask: Can you be fired while on FMLA leave or disability? The short answer is: not legally, in most cases. But there are exceptions, and understanding your rights is essential to protecting yourself.

At The Lange Firm, we help Texas employees navigate wrongful terminations, medical leave disputes, and workplace discrimination. In this article, we’ll break down what the law says about FMLA and disability protections, and what you can do if you were fired while on leave.

What Is the FMLA and Who Qualifies?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific medical and family-related reasons.

To qualify for FMLA leave, you must:

• Work for a covered employer (private employers with 50+ employees, or any public agency/school)

• Have worked for your employer for at least 12 months

• Have logged at least 1,250 hours in the previous 12 months

• Need leave for:

  • Your own serious health condition

  • Caring for a spouse, child, or parent with a serious health condition

  • Birth, adoption, or foster placement of a child

  • Qualifying military family situations

Can You Be Fired While on FMLA Leave?

Here’s where things get nuanced.

✅ You cannot be fired because you took FMLA leave.

The law prohibits employers from retaliating against or firing someone simply because they exercised their right to medical or family leave.

🚫 But you can be fired for unrelated reasons while on leave.

For example:

• If your employer can prove that a layoff was happening regardless of your leave

• If you violated company policies before going on leave

• If there was misconduct or performance issues unrelated to the leave

That’s why documentation matters. If you suspect your FMLA leave was used as an excuse to fire you, speak to an employment lawyer immediately. The Lange Firm can help you determine if your termination was legally justified—or a case of retaliation.

How the ADA Protects Workers With Disabilities

If you don’t qualify for FMLA—or after your FMLA leave ends—you may still be protected by the Americans with Disabilities Act (ADA).

The ADA prohibits employers from:

• Discriminating against employees based on a disability

• Failing to provide reasonable accommodations

• Terminating an employee for requesting or using accommodations

This means that if you need time off for a disability-related reason, even beyond FMLA limits, your employer may have to grant it as a reasonable accommodation, unless it causes them undue hardship.

Can You Be Fired While on Disability Leave?

Much like FMLA, you can’t be fired because of your disability, but your job isn’t 100% guaranteed if:

• You’re no longer able to perform essential job functions, even with accommodation

• The requested accommodation (including extended leave) causes an undue hardship for your employer

• You violated other policies that apply to all employees

However, if your employer made no effort to discuss accommodations or alternatives with you, or if the termination closely followed your medical leave or request for accommodation, it could be disability discrimination.

Red Flags That Suggest Retaliation or Discrimination

If any of the following happened around the time of your leave, it’s worth speaking with an employment attorney:

• You were terminated immediately after requesting or starting leave

• Your job was eliminated despite no company-wide layoff

• You were replaced by someone with less experience

• Your employer questioned your need for leave or pressured you to return early

• You received negative reviews or write-ups you never had before

Employers don’t always admit to retaliation—but the timing and patterns often speak volumes.

What Should You Do If You’re Fired While on Leave?

1. Request the Reason in Writing

Your employer may not be legally required to give a reason, but a written explanation can help clarify their justification—and possibly reveal inconsistencies.

2. Gather Documentation

Save emails, performance reviews, time-off requests, and any correspondence related to your leave or termination. These will help your lawyer evaluate your case.

3. File a Complaint Promptly

You may need to file a complaint with:

• The EEOC (Equal Employment Opportunity Commission)

• The Texas Workforce Commission Civil Rights Division

Strict deadlines apply—often 180 to 300 days after the termination.

4. Consult an Employment Lawyer

The sooner you talk to an attorney, the better your chance of protecting your rights and building a strong case. The Lange Firm can walk you through your legal options with professionalism and clarity.

What Compensation Might Be Available?

If you were wrongfully terminated while on FMLA or disability leave, you could be entitled to:

• Reinstatement to your job

• Back pay (wages and benefits you lost)

• Front pay (future wages if reinstatement isn’t possible)

• Emotional distress damages

• Punitive damages (in cases of willful or malicious conduct)

• Coverage of legal fees and costs

The best way to know what your case may be worth is to speak with a qualified employment lawyer familiar with both federal protections and Texas-specific employment law.

Protecting Yourself Before and During Leave

Even before a dispute arises, here are steps you can take to safeguard your job:

• Submit FMLA or ADA requests in writing, and keep copies

• Ask your healthcare provider to clearly state the need for leave or accommodations

• Follow your company’s leave policies and call-in procedures

• Maintain respectful, timely communication with HR (in writing whenever possible)

These steps help build a paper trail that protects you in case your leave later becomes a legal issue.

How The Lange Firm Can Help

At The Lange Firm, we represent Texas employees who were wrongfully terminated during or after medical leave. We understand how frustrating and frightening it is to be fired while you’re still healing—physically or emotionally.

While The Lange Firm does not offer free consultations, we do offer:

• In-depth case evaluations

• Straightforward legal strategies

• Experienced representation in FMLA and disability termination cases

Let us help you stand up for your rights and take action against employers who think the law doesn’t apply to them.

Final Thoughts: Don’t Let Fear Keep You Silent

Can you be fired while on FMLA leave or disability? Technically, yes—but only under narrow, legal conditions. If your employer crossed the line, you have the right to fight back.

The laws that protect your health and your job exist for a reason. If you’ve been wrongfully terminated while on leave, contact The Lange Firm and take the first step toward holding your employer accountable.