Dealing with a disability is hard enough, but adding job insecurity into the mix? That can feel overwhelming. If you’re on disability leave—or about to take it—you’re probably wondering: can they fire me while I’m away? It’s a scary thought, and honestly, it’s a question that deserves a clear answer.
Am I Safe on Disability Leave?
The short answer? It depends. But don’t panic. Laws like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) exist to make sure your employer can’t just kick you to the curb because of your health.
The FMLA gives you up to 12 weeks of unpaid leave for serious health conditions. During that time, your job is protected. You can’t be fired just for taking that leave, and when you come back, they have to give you the same job—or something very similar.
Then there’s the ADA, which takes things a step further. It says employers have to give you reasonable accommodations for your disability. Whether that’s extra leave, flexible work hours, or changes to your job duties, they’ve got to try. And no, they can’t fire you just because accommodating you feels inconvenient. That’s illegal.
Why Am I Still Worried About Getting Fired?
Employers can still terminate someone on disability leave under specific circumstances. Sometimes it’s fair; other times, it’s downright shady. Either way, it’s worth understanding when this could happen, so you’re not blindsided.
- Your Position No Longer Exists
Imagine your company goes through layoffs or shuts down your department while you’re on leave. It’s not personal—this is business. Legally, they can include you in those layoffs, but only if your job would’ve been cut even if you weren’t on leave. And they’ve got to prove it. - You Can’t Do the Job Anymore
If, even with accommodations, you’re physically or mentally unable to perform the core functions of your role, they’re not legally required to keep you on. But (and this is a big but), they must have a conversation with you first. That’s called the “interactive process,” and skipping it is a major no-no. - You Broke the Rules
If you’re caught violating company policy—even while on leave—they can fire you for that. For example, if you misuse your leave or act in bad faith, they don’t have to keep you on. Basically, being on disability leave doesn’t give you a free pass to break the rules. - You’ve Run Out of Leave
If you’ve used up all your FMLA leave and any additional accommodations under the ADA, and you still can’t return to work, your employer might move forward with termination. But even then, they’re supposed to check if there’s anything else they can do to help you come back.
So What Can I Do to Protect Myself?
You got more power than you think. Yes, employers have their rights, but you’ve got yours too. And it starts with knowing them inside and out.
Keep the Lines Open
Communication can make or break your case. Make sure you’re keeping your employer updated about your condition, your needs, and your plans to return. If they ask for medical documentation, give it to them on time. And always, always keep a record of your conversations—just in case.
Stand Up for Accommodations
If you’re coming back to work but need accommodations to do your job, don’t hesitate to ask. Your employer is legally required to make reasonable adjustments to help you succeed. And if they push back?
Don’t Wait to Get Legal Help
If something feels off—if you’re getting pressured to quit, ignored, or terminated without good reason—talk to a lawyer right away. The clock starts ticking the moment something unfair happens, and you don’t want to miss your window to file a complaint.
What If I Get Fired Anyway?
Let’s say the worst happens. You’re on leave, doing everything right, and you still lose your job. What now? First, take a deep breath. This isn’t the end.
New York Labor Law (NYLL) protects employees from retaliation for taking or requesting medical leave. If you take or request medical leave under a legally protected program, such as New York Paid Family Leave or as a reasonable accommodation, your employer can’t terminate you, reduce your pay, or otherwise retaliate against you. Any adverse action taken by the employer in response could violate NYLL § 215.
If your employer does violates that section, you can seek remedies ranging from reinstatement, back pay, and damages. The employer may also face civil penalties. In 2024, over $8 million dollars was awarded to victims of disability discrimination in New York.
If you think your termination was illegal, you can file a complaint with the Equal Employment Opportunity Commission or the New York State Division of Human Rights. You could also file a lawsuit for wrongful termination. Either way, speaking with an experienced New York employment attorney will make a world of difference.
Keep in mind that employers sometimes try to cover their tracks, so it’s vital to have solid documentation of everything—your leave request, medical notes, emails with HR, and even conversations with your manager. The more evidence you have, the stronger your case will be.
What You Deserve
Being on disability leave shouldn’t feel like a battle for your livelihood. You deserve to focus on getting better without constantly looking over your shoulder. And while the law isn’t perfect, it’s there to protect you from unfair treatment.
You’ve got rights. You’ve got options. And most importantly, you’ve got every reason to stand up for yourself if you feel like something’s wrong.
So, don’t let fear—or an uninformed employer—hold you back. Take the time to understand your rights, communicate openly, and, when necessary, fight for what’s fair. Because at the end of the day, your health comes first, and your job should respect that.
Take Action Before It’s Too Late
If you’ve been wrongfully terminated or feel like your employer’s actions during your disability leave crossed the line, don’t wait. Every day you delay could hurt your chances of protecting your rights. Reach out to Horn Wright, LLP, where experienced employment attorneys can help you fight back and get the justice you deserve. Don’t let fear or uncertainty keep you from taking action—your livelihood and future are on the line. Call today and let us guide you through your next steps.
Have you ever faced job insecurity during a medical leave? What was your experience like, and how did you handle it? Share your thoughts and stories—we’d love to hear from you!