Fired while on medical leave?
You were unwell and on leave, and now your job is gone.
What rights do you have if dismissed while on medical leave?
Approved medical leave does not remove the need for a genuine reason and a fair process behind any dismissal. The employer must prove just cause whatever reason they give, and that does not change because you were unwell.1
A dismissal soon after medical leave, especially with a vague or shifting explanation, deserves a close look.
Employment Act protections also cover all employees regardless of wage, since the amendments that took effect in 2023.2
Why does timing matter so much here?
Write down when your leave started, when your employer was told, and when the dismissal happened. Set the three dates side by side.
A reason that only appears after your employer learns of a health problem, or that changes over time, is worth recording. A genuine business reason can still be valid, so the timing is useful context either way.
If you have not yet been given the reason, ask for it in writing. That gives you a clear record to compare against your leave dates.
What should you do next?
Gather your medical certificates, leave approvals and any messages with your employer about your health. Write a short, dated account of what led up to the dismissal.
Confirm your filing deadline with the deadline calculator, since the same 60-day window applies to you.
If you want someone to act on this, an employment lawyer can review your timeline. They can tell you whether the timing supports a claim worth pursuing.
Recovering while dealing with a dismissal is a heavy load. Ask a family member or friend to help gather documents if you cannot manage alone.
Your recovery comes first. The legal steps can go on alongside it without needing your full attention every day.
If you were dismissed while on medical leave, an independent employment lawyer can review the dates of your MC and dismissal and take a claim forward if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can my employer dismiss me while I am on approved medical leave?
Medical leave does not remove the need for a fair reason and a fair process. A dismissal that follows soon after approved leave, with a weak or shifting explanation, deserves a close look.
What if the stated reason is unrelated to my health?
An unrelated reason can still be genuine. Even so, write down how the timing lines up with your leave. A reason that changes or feels vague deserves particular attention.
Does the length of my medical leave affect my rights?
No. The 2023 Employment Act amendments cover all employees regardless of wage, and the general unfair dismissal rules apply however long your leave was.
Should I request the reason for my dismissal in writing?
Yes. A calm written request creates a useful record. You can then compare the reason given against the dates of your leave.
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
If you were dismissed while on medical leave, an independent employment lawyer can review the dates of your MC and dismissal and take a claim forward if you have grounds.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.