The Short Answer

It is generally illegal for an employer to fire, demote, or discipline you because you asked for or took job-protected medical or family leave. Federal law, the Family and Medical Leave Act (FMLA), prohibits both interfering with leave and retaliating against employees who use it. New York, New Jersey, Connecticut and Massachusetts each add their own protections, and several of them cover workers the FMLA leaves out.

The biggest 2026 change is in New Jersey. As of July 17, 2026, New Jersey expanded job protection to far more workers. This includes employees of small businesses, newer hires, and many part-time workers. (NJ Department of Labor).

If your employer terminated you while you were on leave, shortly after you returned, or soon after you requested time off, the timing alone can provide important evidence. Deadlines apply, so consider asking an employment attorney to review your situation promptly.

Key Takeaways

  • The FMLA provides up to 12 weeks of unpaid, job-protected leave, but only if your employer has 50 or more employees within 75 miles and you have worked there 12 months and 1,250 hours in the past year (NJ Department of Labor).
  • New Jersey now covers employers with 15 or more employees and workers with only 3 months and 250 hours on the job under the NJ Family Leave Act (NJ Department of Labor).
  • In Massachusetts, any negative change to your job during paid family or medical leave, or within six months afterward, is presumed to be retaliation (M.G.L. c. 175M, § 9).
  • Connecticut’s family and medical leave law applies to employers with as few as one employee (CT Department of Labor).
  • FMLA claims generally must be filed within two years, or three years for willful violations (U.S. Department of Labor).

What Counts as Illegal Leave Retaliation?

Leave claims usually fall into two categories.

Interference happens when an employer denies, discourages, or delays leave you were entitled to. The FMLA makes it unlawful to “interfere with, restrain, or deny the exercise of or the attempt to exercise” any FMLA right (U.S. Department of Labor). Examples include refusing to approve qualifying leave or pressuring you to work during leave. Another example is failing to restore you to your job when you return.

Retaliation happens when an employer punishes you for using or requesting leave. Common examples include:

  • Your employer fires you while you are on leave or within days or weeks of your return
  • Your employer tells you they “eliminated” your position during your leave, then hires someone else to fill it
  • Sudden negative performance reviews after years of good evaluations
  • Demotion, reduced hours, or a pay cut after you return
  • Your employer pressures you to resign or accept a severance package when you request leave

Employers rarely admit a leave-related motive. These cases are typically proven through timing, inconsistent explanations, comparisons with co-workers, and internal emails and records.

Your Rights by State

New York

New York Paid Family Leave provides up to 12 weeks of job-protected, paid leave to bond with a new child, care for a seriously ill family member, or assist with certain military family needs (NY Paid Family Leave). For 2026, the benefit is 67% of your average weekly wage, up to a maximum of $1,228.53 per week (NY Paid Family Leave). Full-time employees generally become eligible after 26 consecutive weeks of employment (NY Paid Family Leave).

You have the right to return to the same or a comparable job and keep your health insurance during leave. You also have protection against retaliation. (NY Paid Family Leave).

New York Paid Family Leave does not cover your own illness. If you need time off for your own medical condition, protection may come from the FMLA, New York’s paid sick leave law, and state and city disability laws that can require leave as a reasonable accommodation. Since January 1, 2025, New York private-sector employees are also entitled to 20 hours of paid prenatal leave per year (New York State).

New Jersey (New for 2026)

Effective July 17, 2026, New Jersey made two major changes (NJ Department of Labor):

  1. The NJ Family Leave Act now covers many more workers. Coverage dropped from employers with 30 employees to employers with 15 employees worldwide. Eligibility dropped from 12 months to 3 months of employment, and from 1,000 hours to 250 hours worked in the past 12 months. Eligible employees still receive up to 12 weeks of job-protected leave in a 24-month period to bond with a new child or care for a family member.
  2. Workers receiving state disability or family leave benefits now have job protection.If you receive Temporary Disability Insurance or Family Leave Insurance benefits for leave outside the NJ Family Leave Act’s coverage, you have job protection regardless of your employer’s size or how long you have worked there. When the leave ends, you have the right to return to the same job or one with the same pay, benefits, and seniority.

That second change matters for employees who need time off for their own health condition, which the NJ Family Leave Act does not cover. For 2026, the maximum Family Leave Insurance benefit is $1,119 per week (NJ Department of Labor).

Connecticut

The Connecticut Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons, and it covers employers with one or more employees (CT Department of Labor). Wage replacement is available through CT Paid Leave, which applies to most employers with one or more workers in Connecticut (CT Paid Leave).

Connecticut’s paid sick leave law is also expanding. Since January 1, 2026, employers with 11 or more employees must provide paid sick leave (CT Department of Labor), and by January 2027 the law will cover all private employers (Robinson+Cole).

Massachusetts

Massachusetts Paid Family and Medical Leave (PFML) provides up to 20 weeks of paid medical leave for your own serious health condition, up to 12 weeks of paid family leave, and no more than 26 combined weeks in a benefit year (Mass.gov). The 2026 maximum weekly benefit is $1,230.39 (Mass.gov).

Massachusetts offers one of the strongest anti-retaliation rules in the country. Any negative change in your pay, status, benefits, or other terms of employment during PFML leave, or within six months after you return, creates a presumption of retaliation (M.G.L. c. 175M, § 9). To overcome it, the employer must show by clear and convincing evidence that it would have taken the same action regardless of your leave (Massachusetts Legal Services).

What If My Employer Offered Me a Severance Agreement?

Employees fired around a leave are often handed a severance agreement with a short deadline. That agreement almost always includes a release. Signing it typically means giving up your right to bring leave, disability, or pregnancy claims.

Before signing, it helps to know whether you have a viable claim, because a credible claim can give you leverage to negotiate a better package. Our state-specific guides explain what to look for:

What to Do If You Were Fired During or After Leave

  1. Save your records. Keep leave requests, approvals, doctor’s notes, performance reviews, and any messages about your leave or termination. Do not take confidential company documents unless your employer authorizes you to have them.
  2. Write a timeline. Note when you requested leave, when it started and ended, and when any negative actions occurred.
  3. Ask for the reason in writing. An employer’s shifting explanations can become important evidence.
  4. Do not sign anything right away. Review any severance agreement before the deadline passes.
  5. Speak with an employment lawyer. Leave laws overlap, and the strongest claim often depends on which state you work in, the size of your employer, and how long you have worked there.

Frequently Asked Questions

Can I be fired while on FMLA leave?

Your employer can terminate you during FMLA leave only for a reason unrelated to your leave, such as a genuine company-wide layoff that would have eliminated your job anyway. Firing you because you took leave, or using leave as a factor in the decision, is illegal.

Is it illegal to be fired for asking for medical leave?

Yes, in most circumstances. The FMLA protects the attempt to exercise leave rights, not only leave you actually took (U.S. Department of Labor). State laws in New York, New Jersey, Connecticut and Massachusetts also prohibit retaliation for requesting leave.

My employer is too small for the FMLA. Do I still have legal protection?

Possibly. Connecticut’s leave law applies to employers with one or more employees (CT Department of Labor), New Jersey’s Family Leave Act now applies to employers with 15 or more employees (NJ Department of Labor), and New York and Massachusetts paid leave programs apply to most private employers.

How long do I have to file an FMLA claim?

Generally two years from the violation, or three years if the violation was willful (U.S. Department of Labor). State-law and discrimination claims have different deadlines, some much shorter, so do not wait.

What can I recover in a leave retaliation case?

Depending on the law and the facts, remedies may include lost wages and benefits, liquidated (double) damages under the FMLA, reinstatement, and attorneys’ fees. State disability and discrimination laws may allow additional damages.

Talk to a Leave Retaliation Lawyer

Working Solutions Law Firm represents employees in New York, New Jersey, Connecticut, and Massachusetts whose employers fired them while on leave, after returning, or for requesting FMLA or medical leave. We offer flat-fee consultations and, for most employee-side matters, a contingency fee option.

Call (646) 430-7930 or contact our team to schedule a consultation.

Attorney Advertising. This article provides general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.