Life happens, and sometimes you must step away from your job unexpectedly to manage a serious health condition or care for a family member. Whether you face surgery, a major illness, or a crisis at home, needing time off is an inevitable reality.
When you notify your employer that you need medical leave, you should not have to fear losing your job. Fortunately, state and federal laws protect your right to prioritize health without sacrificing your career.
Protected leave is a legal right
The federal Family and Medical Leave Act (FMLA) and Colorado’s Paid Family and Medical Leave Insurance (FAMLI) Act are major government protections. FMLA offers eligible workers up to twelve weeks of unpaid, job-protected leave each year for qualifying health or family needs. Critically, the FAMLI Act, which became fully effective in Colorado just recently, provides up to twelve weeks of paid leave, funded through a state insurance program. These laws ensure you can take necessary time off while maintaining your health insurance coverage and guaranteeing your reinstatement to the same or an equivalent position.
Proving retaliation after termination
An employer absolutely cannot terminate a worker for exercising their right to take protected medical leave. Doing so constitutes illegal retaliation. If you are fired during or shortly after returning from a medical leave, you must carefully document the employer’s stated reason.
You should compare this stated reason—perhaps “poor performance” or “reorganization”—against your employment history and the company’s treatment of non-disabled coworkers. You must gather all evidence showing the termination directly resulted from your protected time away.
Do not lose your leverage
When an employer terminates you improperly after exercising a protected right, they violate state and federal law. Many employers wrongly assume they can escape liability by offering a small severance payment.
Before you sign any document or accept any offer, you may want to speak with an employment attorney. A lawyer knows how to investigate the termination, identify the retaliation, and ensure the employer faces legal responsibility for illegally denying your job protection rights.