How to Legally Terminate Employees on Leave

Terminating an employee is never simple, but when an employee is out on job-protected leave or has requested an accommodation, the legal risk multiplies. Between federal protections (like the FMLA and ADA), workers’ compensation rules and an expanding patchwork of state paid leave and paid sick/safe leave laws, it’s easy to make a well-intended decision that triggers claims of interference, retaliation or discrimination. 

And in more recent years, the landscape has become more complex. Pregnancy-related situations now require added caution under the Pregnant Workers Fairness Act (PWFA), and leave-adjacent protections have expanded in ways many managers and HR teams don’t expect. Add in hybrid work realities, digital paper trails, and increased scrutiny of severance terms, and “standard practice” from a few years ago may no longer be safe. 

This practical session will help you make legally sound termination decisions when an employee is on leave, or when leave is part of the story. You’ll learn how to evaluate termination timing, separate protected leave from legitimate performance or conduct issues, use documentation that holds up under scrutiny, and avoid the most common mistakes that lead to expensive claims. 

How would you handle these situations? 

• A disruptive employee on approved medical leave shows up (or logs in) and continues harmful behavior. What can you discipline and how do you do it without turning leave into the issue? 
• During pregnancy-related leave, you uncover evidence of serious misconduct or gross negligence. What steps are permissible now, and what additional accommodation obligations may apply? 
• An employee with a history of attendance problems goes on military family leave (or state-paid leave). Can you terminate for prior absenteeism, or does the timing create retaliation risk? 
• An employee asks for extended leave beyond FMLA or a schedule change as a medical accommodation. When is additional leave reasonable, and when can you end employment lawfully? 
• A termination includes severance or a release. What language is likely to create unnecessary legal exposure? 

If any of these scenarios make you hesitate, this webinar will give you a clearer framework for making defensible decisions and reducing risk. 

• Assess legal considerations when terminating an employee on leave
• Follow documentation guidelines that reduce legal risk
• Identify common pitfalls that trigger retaliation or interference claims
• Manage discipline and termination for employees on protected leave 
• Navigate restrictions for employees on workers’ compensation
• Evaluate termination decisions when employees request extended leave or additional accommodations
• Account for state paid leave and sick/safe leave laws in termination decisions and final pay
• Implement consistent, defensible and legally sound termination processes

HR professionals, HR assistants, managers, supervisors and executives. Additionally, anyone who participates in performance management, investigations, discipline or termination decisions and wants a clearer, up-to-date framework for handling terminations involving protected leave, accommodations and complex timing issues.