Termination After FMLA or Medical Absence
Federal FMLA and Maryland leave laws exist to protect your job when life happens. Yet, many professionals find their positions suddenly "eliminated" or their roles "restructured" the moment they request leave or return from a medical absence. This is often a transparent attempt by an employer to avoid the legal obligations of job restoration.
At Fortis Employmetn Law we focus on "timing" cases—where the proximity between your protected leave and your termination is a smoking gun. We hold Maryland employers accountable for using medical needs as a pretext to cut ties with valuable employees.
The Family and Medical Leave Act (FMLA) provides 12 weeks of job-protected, unpaid leave for eligible employees at companies with 50 or more workers. In addition to federal protections, Maryland has implemented the Healthy Working Families Act, which mandates earned sick and safe leave, and is currently rolling out the FAMLI program to provide broader state-level leave rights.
Retaliation for taking or even requesting protected leave is strictly prohibited. If an employer "eliminates" your position while you are on leave or terminates you immediately upon your return, it creates a strong legal presumption of FMLA interference or retaliation, which we challenge in the U.S. District Court and Maryland state courts.
Protecting Your Career and Your Family
A leave-related firing is both a financial and personal blow. We provide direct, sophisticated litigation to recover damages for workers who were penalized for taking the time they were legally entitled to. We aren't here for HR advice; we are here to litigate when your rights have been ignored.
Our FMLA & Medical Leave Attorneys
Attorney
Nathan Holliman
Nathan Holliman is an attorney at Fortis Employment Law specializing in high-stakes employment disputes. A Peggy Browning Fellow with an elite background in Alternative Dispute Resolution (ADR), Nathan leverages sophisticated negotiation strategies to secure leverage and results for recently terminated Maryland professionals.
FAQs
What if I was terminated immediately after returning from leave?
Firing someone the day they return from a protected leave is a massive red flag. This "temporal proximity" is often the strongest evidence we have to build a case for illegal retaliation.
What if my employer eliminated my position while I was away?
Employers often use "position elimination" as a pretext to get rid of employees they view as unreliable due to medical needs. We litigate these cases by proving that the "restructuring" only targeted you or that your duties were simply handed to someone else.
Can I be fired while I am on FMLA leave?
FMLA provides job protection, but it isn't an absolute shield. You can still be fired for reasons unrelated to your leave (like a company-wide layoff). However, if your leave was even a partial factor in the decision to fire you, that is illegal FMLA retaliation.