Although Ohio follows the doctrine of at-will employment, an employee is still entitled to certain job protections. Under both state and federal law, a qualifying employee is permitted to take extended time from work to care for their own medical needs. If you are fired on medical leave or terminated from your position upon your return, you may be entitled to pursue a legal remedy. While every case is unique, a knowledgeable employment law attorney can advise you regarding your rights and options.
The Family and Medical Leave Act (FMLA) is a federal law that applies to those who work for an employer with 50 or more employees within a 75-mile radius. This law grants up to 12 weeks of unpaid, job protected leave for the following reasons:
To qualify for the job protections provided by the FMLA, you must have worked for a covered employer for at least 1,250 hours during the 12 months prior to the start of the leave. Importantly, the leave does not need to be taken all at once — intermittent leave is permitted for medical reasons throughout the year.
In addition, under the federal Americans with Disabilities Act (ADA), an employer may be required to grant medical leave as a reasonable accommodation — unless doing so would present an undue hardship. For instance, if you have a disability covered by the Act and must take a leave of absence to address your health needs, your employer must provide you with job protection. While there is no specified amount of permitted job-protected leave under the Act, the duration of leave is determined on a case-by-case basis. Notably, many employers have their own policies in place regarding medical leave. An employer may grant more leave than is required by law, but they may not offer less. Any workplace policies covering medical leave must comply with the applicable state and federal laws.
An employer is prohibited from retaliating against an employee for taking job-protected medical leave. This means they may not demote you, reduce your pay, give you a less desirable assignment, or treat you unfavorably in any way. If an employer takes any adverse employment action against you for exercising your rights under the FMLA, ADA, or Ohio law, you may be entitled to reinstatement of your position or another legal remedy.
Also, you cannot be fired on medical leave or terminated after you return. An employer is required to restore you to your former job position, or an equivalent one, with the same pay, benefits, and other terms of your employment. However, it’s essential to understand that there are exceptions — you may be fired if the termination had nothing to do with the leave. An employer may be able to assert a valid defense if the termination was due to serious misconduct, violations of company policies, or performance issues that were previously addressed.
If you were fired on medical leave or after you returned to the workplace, you may be entitled to take legal action against your employer. Specifically, if the termination was in retaliation for requesting FMLA leave or asking for reasonable accommodation under the ADA, you might be eligible to file a wrongful termination lawsuit. If you can demonstrate that you were terminated in violation of the law, you may be able to recover a wide range of damages, depending on the facts of your case.
Legal remedies in a wrongful termination lawsuit can include the following:
If you were fired on medical leave or subjected to an adverse employment action for exercising your rights under the FMLA or ADA, an employment attorney can advise you regarding your legal options. Located in Westlake and providing trusted representation to clients throughout Ohio, the employment law attorneys of Lalak LLC provide fierce advocacy to workers who have been unlawfully discharged by their employers. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can assist you.
© 2025 Lalak LLC | View Our Disclaimer | Privacy Policy