What You Should Know Before Going on Medical Leave

Taking medical leave can be a stressful experience, especially when you’re already managing your health and recovery. Understanding your rights and responsibilities before you go out on leave can help you avoid confusion, financial hardship, and potential job-related issues when you return. Whether your leave is for surgery, treatment, or recovery, it’s important to have clear communication and written documentation from your employer.

Understanding How Long Medical Leave Can Last

In many cases, the length of medical leave depends on the nature of your illness or injury and how long your doctor believes you’ll need to recover. Some employers have written policies that define how long employees can be out, while others handle it on a case-by-case basis.

If your company does not have a specific medical leave policy, your employer should provide you with written confirmation of when they expect you to return to work. Be honest and transparent about your medical situation so you and your employer can set reasonable expectations.

It’s also important to understand that small businesses with fewer than 50 employees are not legally required to offer leave under the Family and Medical Leave Act (FMLA). However, even smaller employers must still comply with anti-discrimination laws under the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA), which may require them to provide reasonable accommodations, including time off.

Will Your Medical Leave Be Paid or Unpaid?

One of the most common questions employees have is whether their medical leave will be paid. The answer varies depending on the size of the employer, company policies, and available benefits.

Under federal law, the FMLA provides eligible employees with up to 12 weeks of job-protected leave per year, but this leave is typically unpaid. Employers with fewer than 50 employees are not required to follow the FMLA, meaning they may choose whether or not to provide paid leave.

Some employers offer short-term disability insurance that provides partial pay during your leave. Others may allow you to use accrued sick days, vacation time, or personal leave to maintain income while you’re out. Before beginning your medical leave, ask your employer to clearly outline—preferably in writing—whether your time off will be paid or unpaid, and at what rate of pay.

Will Your Job Be Protected While You’re Away?

Many employees assume that taking medical leave automatically guarantees that their position will be waiting for them when they return. Unfortunately, this isn’t always the case. Job protection depends on your employer’s policies and whether your leave qualifies under laws like the FMLA.

If you work for a company covered by the FMLA and you meet eligibility requirements, your employer must restore you to the same or an equivalent position after your leave ends. However, if your company is not covered, there may be no legal obligation to hold your position open. That’s why it’s critical to get written confirmation from your employer stating how long they will hold your job and under what conditions.

Do You Need a Medical Release to Return to Work?

Most employers require a medical release or “fit-for-duty” note from your healthcare provider before allowing you to return to work. This document verifies that you’re medically cleared to perform your job duties safely. If you have ongoing medical restrictions, your employer must evaluate whether reasonable accommodations can be made under the ADA or applicable state laws.

You should provide this release as soon as you’re ready to return, but your employer cannot use it as an excuse to delay or deny your reinstatement if you meet all requirements. If your employer refuses to allow you to return to work, demotes you, or terminates your employment after taking medical leave, that may constitute unlawful retaliation or discrimination.

Protecting Your Rights During and After Medical Leave

It’s illegal for an employer to punish, fire, or discriminate against an employee for taking protected medical leave or requesting a reasonable accommodation. Unfortunately, some employees experience negative treatment or are denied reinstatement after returning to work.

If you believe you were wrongfully terminated, denied benefits, or retaliated against after taking medical leave, it’s important to seek legal advice as soon as possible. Employment laws are complex, and deadlines for filing complaints with agencies such as the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR) are short.

Get Legal Guidance from Scott Law Team

Medical leave should be a time for rest and recovery—not stress and uncertainty about your job. The experienced employment attorneys at Scott Law Team help employees throughout Florida understand their rights under federal and state laws, including the FMLA, ADA, and FCRA.

Our attorneys can review your situation, explain your options, and help ensure your employer complies with the law. Whether you’re preparing to go on leave or facing retaliation after returning to work, we are here to protect your rights and your livelihood.

Contact Scott Law Team today for a confidential consultation to discuss your situation and learn how we can help you navigate the medical leave process with confidence.