Under the FMLA, an employee cannot be fired for taking medical leave. This would be viewed as a retaliatory act by the employer against the employee. In short, an employee cannot be terminated because they took leave.
However, it is possible for an employee to be terminated for other reasons while on medical leave. An employer can still fire or lay off an employee for the following reasons:
- Justifiable company downsizing
- Justifiable company restructuring
- Poor individual performance or behavior
To summarize, an employer cannot legally fire an employee because they needed to take leave. Nor can medical leave be a part of the decision to terminate an employee. The only way for an employee to be lawfully let go while on medical leave is for there to be other legitimate grounds for termination.