Fired After Medical Leave: What to Do in Your First 7 Days

You did the right thing — you took time off to recover from surgery, manage a serious health condition, or care for a loved one who needed you. That’s what the law allows, and what basic decency should support. But instead of a “welcome back,” you walked into a termination meeting. Your stomach drops, your mind races, and the question hits: Can they really do this?

For many Michigan employees, this painful scenario is all too real — and often, it’s illegal.

Under the Family and Medical Leave Act (FMLA), most workers are entitled to up to 12 weeks of job-protected leave each year to deal with a serious health issue or to care for family. When your leave ends, your employer must return you to your same job or an equivalent one — with the same pay, benefits, and status.

When an employer fires, demotes, or sidelines you after medical leave, it’s not “just business.” It may be retaliation or disability discrimination — both violations of Michigan and federal law.

You don’t have to navigate this alone. The first few days after being fired are critical. The emails you save, the questions you ask, and the steps you take right now can make or break your case.

Know Your Rights: The Laws That Protect You

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave each year for specific family or medical reasons.

That includes:

• Recovering from a serious health condition or surgery
• Caring for a spouse, child, or parent with a serious health issue
• Bonding with a new child (birth, adoption, or foster placement)

Here’s what many people don’t realize: your employer cannot legally replace or fire you simply for taking approved FMLA leave.

If your company has 50 or more employees, and you’ve worked there for at least a year (with 1,250 hours logged in the past 12 months), FMLA likely applies to you.

When your leave ends, your employer must reinstate you to the same or an equivalent position — same pay, benefits, and seniority. If you’re told your job was “eliminated” or someone else was hired permanently while you were out, that may be an FMLA violation.

The Americans with Disabilities Act (ADA) and Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA)

The ADA and Michigan’s PWDCRA work together to protect employees who have physical or mental conditions that substantially limit one or more major life activities — such as walking, lifting, concentrating, or working.

These laws don’t just cover long-term disabilities. They also apply to temporary or episodic conditions, such as recovering from surgery, chemotherapy, or severe mental health treatment.

Under these laws, your employer must offer reasonable accommodations to help you keep working. That might mean:

• Granting extra unpaid leave for recovery
• Modifying your work schedule
• Allowing light duty or remote work for a short period
• Providing ergonomic equipment or modified duties

Employers can deny an accommodation only if it causes “undue hardship” — a high legal standard that most companies don’t meet. Simply put: needing medical time off or adjusted duties should not cost you your job.

Retaliation Is Illegal

Even when employers know the law, some still try to get around it by punishing employees for taking protected leave. This is called retaliation, and both federal and Michigan law strictly prohibit it.

Retaliation can take many forms, including:

• Being fired or demoted soon after returning from leave
• Receiving sudden negative performance reviews
• Having your job “eliminated” without a clear explanation
• Being excluded from meetings, opportunities, or promotions after disclosing your condition

If any of these sound familiar, you may be facing an unlawful retaliation or interference claim under the FMLA, ADA, or PWDCRA.

Day-by-Day Guide: What to Do in the First 7 Days

Gather Your Paper Trail

Start by collecting everything that documents your leave and your termination. The details matter.

• Save emails, text messages, doctor’s notes, HR forms, and any FMLA paperwork or approvals.
• Keep your termination notice, recent performance reviews, or any write-ups that appeared after you requested leave.
• Write down what was said, who said it, and when — even short conversations can become key evidence later.

Use your personal email or notebook, not your company devices. Employers often cut off access once you’re terminated, and you don’t want to lose important proof.

Document the Timeline

Once you’ve gathered your paperwork, build a timeline that tells your story.

• List the dates you requested leave, received approval, started leave, returned, and were fired.
• Identify who knew about your medical condition and when.
• Make note of any sudden changes in tone or treatment after you disclosed your health issue — for example, if a supervisor became cold, excluded you, or made negative comments about your absence.

This step helps your attorney connect the dots and establish a pattern of retaliation or interference, which is often the heart of an ELCRA, ADA, or FMLA case.

Contact HR in Writing (Cautiously)

If you haven’t already, reach out to your company’s Human Resources department — but do it in writing.

Ask for:

• A written explanation of why you were terminated.
• A copy of your personnel file, including any evaluations, complaints, or disciplinary records.
• Copies of your FMLA paperwork and related communication.

Keep your tone calm and professional — you’re not arguing your case yet. You’re creating a record that may later prove your employer’s explanation doesn’t match the facts.

Do Not Sign Anything Yet

Employers sometimes offer severance or “separation” agreements after termination. These documents often include hidden clauses that:

• Waive your right to sue for discrimination or retaliation,
• Require confidentiality or non-disparagement, or
• Limit the compensation you could recover later.

Even if the offer sounds generous, don’t sign anything without having it reviewed by an employment attorney. Once you sign, you may permanently give up your right to take legal action.

Speak with an Employment Lawyer

By the end of the week, it’s time to get professional guidance. A Michigan employment attorney experienced in FMLA, ADA, and PWDCRA cases can help you:

• Review your documentation for potential violations,
• Confirm your legal deadlines (some as short as 180 days),
• Communicate directly with your employer, and
• File complaints with the appropriate agencies, such as:
  
  • The U.S. Department of Labor (DOL) for FMLA violations, or
  • The Michigan Department of Civil Rights (MDCR) or EEOC for disability discrimination or retaliation claims.

The earlier you get an attorney involved, the more options you’ll have — whether that means negotiation, reinstatement, or filing a lawsuit.

Possible Remedies and Outcomes

Reinstatement or Comparable Job Placement

In many cases, the best outcome isn’t a payout — it’s getting your career back on track. The law allows courts or agencies to order reinstatement, which means being returned to the same job you held before your leave or a comparable position with equal pay, benefits, and seniority.

For some clients, reinstatement restores not only their income but also their professional reputation — proving that they were right to stand up for themselves.

Back Pay and Lost Benefits

If reinstatement isn’t an option, you may be entitled to back pay, which covers the wages, bonuses, and benefits you would have earned if you hadn’t been wrongfully terminated.

This often includes:

• Missed paychecks and overtim
• Lost health insurance or retirement contributions
• The value of unused vacation or paid time off

Compensation for Emotional Distress and Attorney’s Fees

Losing your job after medical leave isn’t just a financial hardship — it’s an emotional one. Michigan and federal laws recognize that discrimination, retaliation, and wrongful termination can cause stress, anxiety, and humiliation.

You may be entitled to compensation for emotional distress, along with reimbursement for attorney’s fees and legal costs. Under laws like ELCRA and the ADA, successful employees can have their attorney’s fees paid by the employer — ensuring that justice isn’t out of reach.

Punitive Damages (in Severe Cases)

When an employer’s conduct is especially egregious — for example, deliberately firing you for taking protected leave or mocking a medical condition — courts may award punitive damages.

Punitive damages aren’t about repayment; they’re about sending a message. These awards punish employers for willful violations and deter others from repeating the same behavior.

Fired After Medical Leave? Don’t Wait to Protect Your Rights

Getting fired after medical leave isn’t just unfair — it may be illegal. The first week after your termination is critical. Every email, document, and decision you make could shape the outcome of your case.

If this has happened to you, don’t sign anything and don’t delay. The law gives you powerful options to challenge retaliation and discrimination — but strict time limits apply. Acting quickly can mean the difference between a dismissed claim and a strong case for justice.

At Batey Law Firm, we’ve helped Michigan workers fight back against illegal terminations and retaliation for more than 25 years. We’ll help you understand your rights, preserve vital evidence, and pursue the justice and compensation you deserve.

📞 248-540-6800 📍 30200 Telegraph Rd, Suite 400, Bingham Farms, MI 48025
💻 www.bateylaw.com‍

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