Termination While on Approved Medical Leave

Attorney Answer

Possibly — but whether you can sue depends first on two things that aren't yet confirmed: whether you meet FMLA's eligibility requirements, and separately, whether the timing of your firing supports a disability-discrimination claim under the ADA.

The federal Family and Medical Leave Act only protects employees who meet two eligibility gates: at least 12 months employed and at least 1,250 hours worked in the preceding 12 months, at a worksite where the employer has 50 or more employees within 75 miles. Nothing in your situation confirms either of these yet, so check both before assuming FMLA applies to you.

Separately, do not assume two days was too short for FMLA. Under 29 C.F.R. § 825.115(f), an absence caused by a chronic serious health condition — the regulation's examples include asthma, diabetes, and epilepsy — qualifies for FMLA leave even though it does not last more than three consecutive, full calendar days, and under 29 C.F.R. § 825.114 an absence involving inpatient care, meaning an overnight stay in a hospital or other residential medical care facility, is covered no matter how brief. So if you meet the two eligibility gates above and your two days fit either description, FMLA may well apply. And if the condition could also qualify as a disability, the ADA may protect you independently of FMLA. Losing your position immediately upon return from approved leave is exactly the kind of timing that can support a disability discrimination or retaliation claim.

What you can do:

1. Confirm your length of employment, hours worked, and your employer's headcount within 75 miles to determine FMLA eligibility.

2. Document the medical reason for your leave and whether it could qualify as a disability.

3. Contact a local North Carolina employment attorney now, rather than waiting to gather every detail first.

⏱ Time limits apply. To preserve an ADA/EEOC claim, a charge generally must be filed with the EEOC within 180 days of the firing (up to 300 days in states with a deferral agency), and an FMLA lawsuit generally must be filed within 2 years, or 3 years if the violation was willful. An individual case review by a local employment attorney should be conducted promptly to confirm which deadlines apply to your situation.