Unlawful Termination During Protected Leave

If you were fired or laid off while on FMLA, pregnancy, or disability leave, you may have a legal claim for unlawful termination. Employees in New York are protected by both federal and state laws that prohibit employers from retaliating against or terminating workers for taking legally authorized time off. At Leeds Brown Law, we fight for those who were punished for doing the right thing—taking care of their health, their families, and themselves.

What Is Protected Leave?

Protected leave refers to job-protected time off guaranteed under the law. You cannot be lawfully fired or retaliated against for exercising these rights. Common types of protected leave include:

• Family and Medical Leave Act (FMLA): Up to 12 weeks of unpaid, job-protected leave for medical issues, childbirth, or family caregiving.
• New York Paid Family Leave (PFL): Paid time off for bonding with a new child, caring for a loved one, or addressing family needs.
• Pregnancy-Related Leave: Includes accommodations and medical leave for childbirth, prenatal appointments, and recovery.
• Disability Leave: Leave tied to a short- or long-term disability, including physical and mental health conditions.

These laws apply whether you’re a full-time or part-time employee, provided you meet eligibility criteria. Terminating an employee during such leave—or shortly after—is often a red flag.

Examples of Unlawful Termination

Not every termination during or after leave is illegal, but there must be a legitimate, non-retaliatory reason. Examples of potentially unlawful termination include:

• You were fired during pregnancy leave with no explanation or performance concern.
• You returned from FMLA and were told your position was “no longer available.”
• You received notice of termination while out for cancer treatment or surgery recovery.
• Your job was given to someone else while you were on approved leave.
• Your hours were cut or you were demoted after returning to work.

What the Law Says

Several laws protect workers from wrongful termination during or after protected leave:

• FMLA: Prohibits employers from interfering with or retaliating against your right to leave and reinstatement.
• Americans with Disabilities Act (ADA): Protects employees with qualifying disabilities and requires reasonable accommodations.
• Pregnancy Discrimination Act (PDA): Prevents employers from treating pregnancy-related medical leave less favorably than other medical leave.
• New York State and City Human Rights Laws: Offer broad protections against retaliation and mandate reasonable leave-related accommodations.

Your Rights After Taking Leave

Upon returning from leave, you generally have the right to:

• Return to your previous role or an equivalent position
• Maintain seniority and benefits you would have accrued
• Be free from demotion, retaliation, or sudden disciplinary action

If your employer fails to honor these rights, it may be more than unfair—it may be illegal.

Building a Strong Case

To build a claim for unlawful termination during protected leave, key elements may include:

1. Proof that you were approved for protected leave (FMLA forms, doctor’s notes, HR communication)
2. A clear timeline showing the leave and the timing of termination
3. Positive performance reviews before your leave began
4. Emails or verbal comments suggesting the leave was inconvenient for management
5. Replacement hiring or reassignment of your duties during your absence

What You Could Recover

If you win a case for unlawful termination, you may be entitled to:

• Reinstatement to your prior position
• Back pay and lost benefits
• Compensation for emotional harm
• Punitive damages in cases of willful violations
• Coverage of attorneys’ fees and court costs

How Leeds Brown Law Can Help

Our employment lawyers have decades of experience fighting for workers fired in violation of FMLA, ADA, pregnancy protections, and other laws. We conduct detailed investigations, obtain critical documents, and represent you through every step of the legal process. Whether through negotiation or litigation, we are committed to helping you recover what you’re owed and protecting your future. We understand the emotional and financial stress that comes with losing a job—especially while dealing with illness, a new baby, or a family crisis. Our attorneys treat your case with the urgency, discretion, and strength it deserves.