Your Rights If Fired On Medical Leave
Being on medical leave does not remove the usual protections against unfair dismissal.
What Rights Do You Have If Dismissed While On Medical Leave?
Being on approved medical leave does not remove the usual requirement for a genuine reason and a fair process behind any dismissal.
The employer still carries the burden of proving just cause, whatever reason is given, and that burden does not shift because you were unwell 1.
A dismissal that closely follows medical leave, especially with a vague or shifting explanation, deserves particularly close attention.
Employment Act protections apply broadly, covering all employees regardless of wage since the amendments that took effect in 2023 2.
Why Timing Matters So Much Here
Write down exactly when your medical leave started, when your employer was informed, and when the dismissal happened relative to both dates.
A reason that only appears after your employer learns about ongoing health issues, or that changes over time, is worth documenting carefully.
A genuinely unrelated business reason can still be valid, but the timing itself remains useful context either way.
Request the reason for your dismissal in writing if you have not already, since this creates a clear record to compare against your leave dates.
What To Do Next
Gather your medical certificates, leave approvals, and any communication with your employer about your health.
Write a short, dated account of the sequence of events leading up to the dismissal.
Confirm your filing deadline with a deadline calculator, since the same 60 day window applies to your situation too.
An employment lawyer can review your timeline and tell you whether the timing supports a stronger claim.
Dealing with a dismissal while recovering from a health issue adds real strain, so pace yourself through the practical steps rather than rushing all at once.
Ask a family member or friend to help with the document gathering if your condition makes that difficult to manage alone.
Your recovery still matters throughout this process, and the legal steps can proceed alongside it rather than requiring your full attention every day.
A steady, unhurried approach to gathering your documents is enough to protect your position while you focus on getting well.
Health comes first.
The legal process can wait the short time it takes for you to feel ready to engage with it properly.
Recovery and paperwork can both move forward, just not at the same pace.
Given how much the timing here can matter, it is worth reviewing your specific situation with an employment lawyer as soon as you can.
Common questions
Can my employer dismiss me while I am on approved medical leave?
Being on medical leave does not remove the general requirement for a fair reason and fair process. A dismissal that closely follows approved medical leave, with a weak or shifting explanation, is worth examining closely.
What if the stated reason is unrelated to my health?
An unrelated reason can still be genuine, but the timing relative to your medical leave is worth documenting regardless. A pattern where the reason changes or feels vague deserves particular attention.
Does the length of my medical leave affect my rights?
Employment Act protections apply to all employees regardless of wage since the 2023 amendments, and the general unfair dismissal framework applies regardless of how long your leave was.
Should I request the reason for my dismissal in writing?
Yes, a calm written request for the reason creates a useful record, and comparing it against the timing of your leave can reveal whether the explanation genuinely holds up.
Sources
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
- The Employment Act 1955 amendments in force since 1 January 2023 cover all employees regardless of wage. Malay Mail
Keep reading
Given how much the timing here can matter, it is worth reviewing your specific situation with an employment lawyer as soon as you can.