Fired While on Medical Leave in Nevada: Is It Legal?
By Milan Chatterjee | Founding Attorney, Milan Legal
Being fired while you are dealing with a serious health problem can be especially stressful. You may already be worried about your recovery, medical bills, and when you will be able to return to work. Then your employer tells you that your job is gone.
If you were wrongfully terminated in Nevada while taking medical leave, the fact that you were on leave does not automatically make the termination illegal. But it also does not mean your employer was free to fire you simply because you took time away from work. Depending on the circumstances, federal and state protections may limit what an employer can do.
The important question is not simply, “Was I on medical leave when I was fired?” The more important questions are: What type of leave were you taking? Were you eligible for job-protected leave? Did your medical condition qualify as a disability? Did you request an accommodation? And would the employer have made the same decision if you had not taken leave?
Those details can make a significant difference.
Can an Employer Legally Fire You While You Are on Medical Leave?
Sometimes, yes.
Medical leave does not automatically create an unlimited guarantee of employment. An employer may still be able to terminate an employee during leave for a legitimate reason that is unrelated to the leave or medical condition.
For example, a company may conduct a genuine department-wide reduction in force while an employee is on protected leave. If the employee would have lost the job even without taking leave, the termination may not necessarily violate the Family and Medical Leave Act.
The Department of Labor explains that FMLA leave gives eligible employees important job-restoration rights, but it does not give an employee greater employment rights than the employee would have had if leave had not been taken. An employer may still take action that it can establish would have occurred regardless of the employee’s FMLA leave.
That is why timing alone does not answer the question.
Being fired while on leave can be a warning sign, but you need to examine why the employer made the decision.
When Does FMLA Protect Your Job?
The Family and Medical Leave Act (FMLA) is one of the most important federal protections for qualifying medical leave.
For eligible employees of covered employers, the FMLA generally provides up to 12 workweeks of job-protected leave during a 12-month period for qualifying medical and family reasons. Certain military caregiver situations can involve a longer leave period.
To generally qualify for FMLA leave, an employee must have worked for the employer for at least 12 months, worked at least 1,250 hours during the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles.
The leave can apply when an employee has a serious health condition that makes the employee unable to perform the functions of the position.
FMLA leave can be unpaid, although an employee may be able to use accrued paid leave at the same time depending on the circumstances and employer policies. Group health coverage generally must continue during qualifying FMLA leave under the same conditions as if the employee had continued working.
Most importantly for someone who has been fired, FMLA provides job protection.
Can You Be Fired for Taking FMLA Leave?
An employer generally cannot fire, punish, discriminate against, or otherwise retaliate against an eligible employee because the employee requested or used FMLA leave.
The Department of Labor specifically identifies firing an employee because they requested or used FMLA leave as a potential violation of the employee’s FMLA rights.
Suppose an employee has a documented serious health condition and properly requests FMLA leave. Before the leave, the employee has consistently positive performance reviews. Shortly after the employee starts protected leave, the supervisor begins sending messages complaining about the employee’s absence and then terminates the employee.
Those facts would not automatically prove an FMLA violation.
But they could raise an important question: Was the employee terminated because the employer was unhappy about the protected leave?
That question becomes particularly important when the employer’s explanation for the termination does not match the employee’s prior employment history.
Were You Fired While Taking Medical Leave?
What Job Protection Does FMLA Actually Provide?
FMLA generally requires an eligible employee to be restored to the same job or an equivalent position after qualifying leave.
An equivalent position generally means substantially the same employment conditions, including equivalent pay, benefits, and other terms and conditions of employment.
The protection does not necessarily mean that your exact desk, shift, or physical position must always remain untouched.
For example, an employer may make legitimate organizational changes while you are away. But an employer cannot simply use your absence as an opportunity to eliminate your position and replace it with something materially worse if the FMLA requires restoration.
There are also exceptions and limitations under the FMLA.
For example, an employer may be able to deny restoration to certain highly compensated “key employees” under specific circumstances involving substantial and grievous economic injury. An employer may also establish that the employee would have been terminated or laid off even without taking leave.
That is why it is important to look at what happened to other employees, not just what happened to you.
What If You Were Not Eligible for FMLA?
Not being eligible for FMLA does not necessarily mean your employer could legally fire you because of your medical condition.
This is where other legal protections may become important.
The Americans with Disabilities Act (ADA), for example, can require covered employers to provide reasonable accommodations to qualified employees with disabilities.
Medical leave can sometimes be a reasonable accommodation.
The EEOC explains that an employer may need to consider unpaid leave as a reasonable accommodation for an employee with a disability when doing so would not create an undue hardship for the employer.
That means an employee may have protections even when the leave does not qualify under FMLA.
Can Medical Leave Be a Disability Accommodation?
Potentially.
The ADA does not treat every medical condition as a disability. The employee generally must meet the applicable definition of an individual with a disability and be qualified to perform the essential functions of the job, with or without reasonable accommodation.
If additional time away from work would allow the employee to return and perform the essential functions of the position, leave may sometimes be considered as a reasonable accommodation.
But the analysis is not unlimited.
An employer does not necessarily have to provide indefinite leave or an accommodation that creates an undue hardship.
The EEOC explains that employers must consider unpaid leave as a possible reasonable accommodation in appropriate circumstances, while also recognizing that an accommodation does not have to be provided when it would create an undue hardship.
So if your employer says, “You were not covered by FMLA, so we could fire you,” that may be an incomplete analysis.
The next question could be whether another legal protection applied.
What If Your Employer Knew About Your Medical Condition?
What the employer knew, when it knew it, and how it responded can matter.
If you told your employer that you had a medical condition and needed time away from work, that communication may have raised issues under applicable leave or disability laws.
You do not always need to use specific legal terminology.
An employee may not say, “I am requesting an ADA reasonable accommodation.” Instead, the employee might tell a supervisor or Human Resources that a medical condition is preventing them from working and that they need additional time or another arrangement.
The specific circumstances determine whether that communication triggers legal obligations.
Documentation can therefore be important.
Keep copies of communications with Human Resources, leave administrators, supervisors, and benefits departments. If you submitted medical certification or accommodation paperwork, preserve records showing what was requested and when.
What If the Employer Says You Were Fired for Performance?
This is one of the most common issues in medical-leave termination disputes.
An employer can generally discipline or terminate an employee for legitimate performance problems, even if the employee is dealing with a medical condition or has taken protected leave.
But the stated reason should be examined against the employment record.
Imagine that an employee receives positive reviews for several years. The employee then requests medical leave. During the leave, the company begins documenting supposed performance issues and terminates the employee shortly afterward.
That timing does not automatically establish discrimination or retaliation.
But it can raise questions about whether the employer’s explanation is genuine.
Look at what changed.
Were the performance problems documented before the leave? Did other employees receive similar discipline? Did management make negative comments about the employee’s absence? Did the employer change its explanation for the termination?
The answers can help establish the larger picture.
Does Being on Medical Leave Protect You From a Layoff?
Not necessarily.
This is an important distinction.
Protected leave generally does not put an employee in a better position than they would have occupied if they had continued working.
If an employer conducts a legitimate reduction in force and your position would have been eliminated regardless of your medical leave, FMLA generally does not require the employer to keep the position solely because you were on leave. The employer may, however, need to be able to establish that the termination would have happened even without the protected leave.
This is why evidence about other employees can become important.
Were other employees in comparable positions also laid off?
Was your department actually being eliminated?
Did the employer continue hiring for substantially the same position?
Was your job given to someone else?
These facts can help distinguish a legitimate restructuring from a termination connected to your leave.
What If You Were Fired Before Your Leave Started?
Protection can exist even before the leave begins.
For example, an employee may request FMLA leave and then be terminated shortly afterward.
The Department of Labor states that an employer cannot threaten, discriminate against, punish, suspend, or fire an employee because the employee requested or used FMLA leave.
That means the relevant event may not be the day your leave began.
The request itself can be legally significant.
This is particularly important when the employer’s attitude changes immediately after the request.
A manager who says, “If you take this leave, we are going to have a problem,” followed by termination, creates a very different factual picture from an employer that had already documented a legitimate company-wide restructuring.
What If You Were Fired After Your FMLA Leave Ended?
FMLA protection does not disappear simply because you returned from leave.
The law protects employees from retaliation and interference related to the exercise of FMLA rights, and employees generally have restoration rights when qualifying leave ends.
An employer can still take legitimate employment action after an employee returns.
But if the termination appears connected to the employee’s use of FMLA leave, the timing and surrounding evidence may matter.
For example, an employee returns from approved leave and is immediately disciplined for attendance that was covered by FMLA. That could raise a different issue from an employee who returns and is later terminated for a documented performance problem unrelated to the leave.
The details matter.
Did Your Employer’s Explanation Change After You Took Medical Leave?
What Evidence Should You Preserve?
Start with the documents surrounding your leave and termination.
Keep your leave request, approval or denial notices, medical certification submitted through the proper process, Human Resources communications, performance reviews, disciplinary records, termination letter, and relevant messages or emails.
Create a timeline showing:
- When you first told the employer about your medical condition or need for leave.
- When you requested or began leave.
- What the employer said about the leave.
- Any disciplinary action that occurred before or during leave.
- When you returned or were expected to return.
- When the employer terminated you.
- The reason the employer gave for the termination.
You should preserve information lawfully. Do not access systems you are no longer authorized to access or take confidential company information.
The goal is to document what happened, not to create new problems.
What If the Employer Says You Could Not Return to Your Job?
This situation can involve more than FMLA.
The FMLA generally provides restoration rights, but it does not require an employer to keep employing someone who cannot perform the essential functions of the position after protected leave. Other laws, including the ADA, may still affect the employer’s obligations if the employee has a qualifying disability.
That is why the interaction between medical leave and disability accommodation can be important.
For example, an employee may finish FMLA leave but still need a reasonable accommodation to return to work. Depending on the circumstances, the employer may need to engage in an appropriate accommodation process rather than treating the end of FMLA leave as an automatic end to all legal protections.
The exact obligations depend on the employee’s condition, the essential functions of the position, the accommodation requested, and whether the accommodation would create an undue hardship.
What If You Were Fired Because the Employer Was Tired of Your Absences?
This is where the reason for termination becomes especially important.
If the absences were protected by FMLA, an employer generally cannot count protected FMLA absences against an employee or terminate the employee because the employee used protected leave. The Department of Labor specifically identifies negative attendance treatment for FMLA leave as a potential violation.
But employers may still enforce legitimate attendance rules for absences that are not protected.
That means you need to determine which absences were actually protected and whether the employer treated them correctly.
A termination letter that says “excessive absences” may therefore require a closer look at the attendance records.
What Should You Do If You Were Fired While on Medical Leave?
Do not assume that the answer is automatically yes or no.
First, identify what type of leave you were taking.
Then determine whether you were eligible for FMLA, whether your leave was approved or otherwise protected, and whether your medical condition could implicate disability protections.
Next, review the employer’s stated reason for the termination.
Finally, preserve the documents showing what happened before, during, and after your leave.
Pay attention to deadlines. Different employment claims can have different administrative requirements and filing deadlines. Waiting too long to evaluate a possible claim can limit your options.
A medical-leave termination should therefore be evaluated based on the complete timeline rather than the termination date alone.
Can You Be Fired While on Medical Leave in Nevada?
Sometimes, but not simply because you took protected medical leave or because you have a medical condition protected by applicable law.
An employer may be able to terminate an employee during medical leave for a legitimate reason that would have resulted in termination regardless of the leave.
But if the employer fired you because you requested or used FMLA leave, retaliated against you for exercising protected rights, discriminated against you because of a disability, or failed to properly consider a legally required accommodation, the termination may raise serious legal issues.
The distinction depends on the type of leave, your eligibility, the nature of your medical condition, the employer’s obligations, and the evidence surrounding the decision.
If your employer’s explanation does not match what happened before your leave, that is worth examining carefully.
About Attorney Milan Chatterjee
This article was prepared by Milan Chatterjee, an attorney licensed in Nevada and California and the founder of Best Employment Attorney, the employment law practice of Milan Legal.
Milan represents employees and employers in Las Vegas, Reno, and throughout Nevada in matters involving wrongful termination, employment discrimination, workplace retaliation, wage and hour disputes, employment agreements, and other employment-law matters.
He earned his Juris Doctor from UCLA School of Law and also studied at New York University School of Law as a visiting student. Before entering private practice, Milan served as Associate Compliance Counsel at Las Vegas Sands Corporation, where he advised on employment policies, regulatory compliance, internal investigations, corporate governance, and risk management.
Today, Milan combines that corporate legal experience with a focused employment law practice. His work involves helping employees and employers understand their workplace rights, legal obligations, and options when employment disputes arise.
Frequently Asked Questions
Potentially, yes. Being on medical leave does not create an absolute guarantee of employment. However, an employer generally cannot terminate an employee because the employee exercised protected FMLA rights or because of a disability in violation of applicable law. The reason for the termination and the type of leave are important.
For eligible employees of covered employers, FMLA generally provides job-protected leave for qualifying reasons. An employer generally cannot fire or retaliate against an employee for requesting or using protected FMLA leave. However, FMLA does not provide greater employment rights than the employee would have had without taking leave.
Potentially. An employer may be able to terminate an employee during FMLA leave for a legitimate reason unrelated to the leave, such as a genuine reduction in force, if the employer can establish that the same action would have occurred regardless of the employee’s FMLA leave.
Potentially, but the end of FMLA leave does not give an employer permission to retaliate against an employee for having used protected leave. Other protections may also apply, particularly if the employee has a qualifying disability and needs a reasonable accommodation.
Not qualifying for FMLA does not necessarily mean that your employer can legally terminate you because of a medical condition. Depending on the circumstances, the ADA or another state or federal protection may apply.
In some circumstances, yes. The EEOC recognizes that unpaid leave can potentially be a reasonable accommodation for an employee with a disability when it would allow the employee to return to work and perform the essential functions of the position, provided the accommodation does not create an undue hardship for the employer.
No. The ADA has specific requirements for what constitutes a disability. Whether a particular medical condition qualifies depends on the nature and effect of the condition and the circumstances of the employment relationship.
It depends on whether the absences were legally protected. An employer may generally enforce legitimate attendance requirements for unprotected absences, but it cannot simply treat protected FMLA leave as ordinary attendance violations. Disability-related leave may also involve separate accommodation requirements.
No. Timing alone does not prove retaliation. However, close timing can be relevant evidence when combined with other facts, such as negative comments about the leave, sudden discipline, inconsistent explanations, or a significant change in how the employee was treated.
An employer can generally terminate an employee for legitimate performance problems, even when the employee is taking medical leave. The issue is whether the stated performance reason is genuine or whether it is being used as a pretext for unlawful retaliation or discrimination.
Keep your leave requests, approval or denial notices, Human Resources communications, performance reviews, disciplinary records, termination documents, relevant emails, and messages. You should also create a timeline showing when you requested leave, when leave began, what happened during the leave, and when you were terminated.
A legitimate reduction in force can potentially affect an employee on protected leave. FMLA generally does not require an employer to keep an employee in a position that would have been eliminated regardless of the employee’s leave. The employer may need to establish that the termination would have occurred even without the protected leave.
It depends on the applicable law and circumstances. FMLA provides a specific amount of protected leave for eligible employees. Additional leave may sometimes be considered as a reasonable accommodation under the ADA, but an employer does not necessarily have to provide indefinite leave or an accommodation that creates an undue hardship.
If you believe your termination was connected to your medical condition, protected leave, or request for accommodation, it may be useful to have the circumstances reviewed promptly. Employment claims can have different filing requirements and deadlines, so waiting too long can affect your options.
Were You Fired for a Reason That May Be Illegal?
Conclusion
Being fired while on medical leave in Nevada does not automatically mean your employer broke the law. At the same time, being an at-will employee does not give an employer unlimited freedom to terminate you because you became ill, requested protected leave, or exercised a legal right.
The key is understanding what type of leave you were taking and why the employer terminated you.
If your leave qualified for protection under the Family and Medical Leave Act (FMLA), your employer generally cannot fire or punish you simply because you requested or used protected leave. If your medical condition qualifies as a disability, the Americans with Disabilities Act (ADA) may provide additional protections, including the possibility of reasonable accommodation in appropriate circumstances.
Other state or federal protections may also apply depending on the facts.
The timing of your termination can be important, but timing alone does not prove an unlawful termination. A legitimate company-wide layoff, documented performance problems, or another lawful reason may still justify termination if the employer can establish that the decision was unrelated to your protected leave or medical condition.
That is why the complete timeline matters.
Keep records of your leave request, communications with Human Resources, medical-leave documentation, performance evaluations, disciplinary actions, return-to-work communications, and termination documents. These records can help show what happened before, during, and after your leave.
If your employer’s explanation for the termination does not appear consistent with your employment history, or if your treatment changed after you requested or took medical leave, those facts may deserve closer examination.
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