An employee fired for taking medical leave can contact Ciconte Wasserman, a Wilmington, Delaware law firm that represents employees with claims under the FMLA, the ADA or both. The firm's Delaware employment lawyers offer a free consultation, and there is no fee unless the firm wins the case.

• The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave.
• Under the ADA, a temporary disability such as recovery from surgery can be protected.
• FMLA family care leave covers a spouse, child or parent with a serious health condition.
• A firing right after a leave request, or right after the return to work, is suspicious timing.
• When someone else caused the injury, a personal injury claim may exist as well.

The Family and Medical Leave Act gives eligible employees up to 12 weeks of unpaid, job-protected leave. The employer has to be covered, which usually means 50 or more employees, and the employee has to meet time and hours requirements. If both apply, the employer can't fire the employee just for taking FMLA leave.

Termination while on approved leave, or shortly after returning, can qualify as a wrongful termination claim or as retaliation under the FMLA.

The Americans with Disabilities Act protects workers outside the FMLA too. A disability doesn't have to be permanent: a broken arm or recovery from surgery can count if it limits major life activities. That means an employer can't legally fire someone just for being temporarily out of work.

The law has limits. When an employee can't say when or if they will return, the employer has more leeway. When an absence would cause undue hardship, the employer may not have to hold the job forever. A firing because of a disability is discrimination under federal law, one of the case types the firm handles.

Adam F. Wasserman, the firm's managing partner, puts it plainly: "Taking medical leave shouldn’t cost you your job."

FMLA protection extends to caring for certain family members, but it is narrow.

The family member must have a serious health condition, and the employer generally must have 50 or more employees. A smaller employer can still be bound if it promises FMLA leave in a handbook or tells employees it offers FMLA protections. The law also looks at why care was needed and whether proper notice was given.

If the leave followed a car crash, a fall or an unsafe-property incident caused by someone else, the employee may also have a separate personal injury claim for medical bills, lost wages and other losses tied to the accident. Ciconte Wasserman handles both employment and personal injury cases.

The first step is a free consultation with an attorney, who helps sort a lawful decision about medical leave from illegal retaliation. When the client decides to proceed, an investigation of the facts comes first, followed by negotiation, settlement or litigation. The firm walks the client through the firm's approach to each case, one step at a time. Leave and disability claims belong to the firm's practice for employees, which also covers discrimination, harassment and retaliation.

• Document everything. Keep emails about the leave request, medical notes and the termination letter.
• Note the timing. A firing right after notice of the leave, or right on return, stands out.
• Keep the handbook. Its leave promises can matter.
• Talk to a lawyer. Employment claims carry strict deadlines.

Timing works the same way in  retaliation cases after a harassment report: a firing right after the report can itself be evidence.

Call 302-658-7101 or  ask for a free review of the firing with the firm at 1300 N King St, Wilmington, DE 19801.