Dismissed while on medical leave?
You were still recovering when the termination letter arrived.
You were following doctor’s orders, resting and recovering, when a letter arrived telling you your employment had ended. You were still unwell when you read it.
Dismissing someone on legitimate medical leave, without a fair and unrelated reason, raises serious questions under unfair dismissal law.
Can my employer dismiss me while I am on MC?
Not for the leave itself. An employer cannot use medical leave as the reason for dismissal, so there must be a genuine, separate cause, properly explained and applied consistently.
A dismissal that arrives just after your medical certificate, or soon after a long illness, deserves close scrutiny of the stated reason.
What if my employer says my absence was the problem?
Ask, in writing, for the specific policy or rule they relied on, and whether it has been applied to other staff on medical leave.
Compare the length of your leave with what your contract or the company handbook says about sick leave entitlement.
Who has to justify a dismissal timed like this?
Your employer must prove there was just cause or excuse for the dismissal, separate from the fact that you were unwell.1
Medical certificates, appointment records and any earlier discussion of your condition with HR help build a clear picture of what happened.
How long do you have to challenge it?
You have 60 days from the date of dismissal to file a Section 20 representation.2 This is the written claim you lodge to say your dismissal was unfair, and it goes to the Director General of Industrial Relations.
If a claim succeeds, remedies can include reinstatement, meaning getting your job back. Back wages, the salary you lost while out of work, are capped at twenty four months for a confirmed employee and twelve months for a probationer.3
What should you do this week?
Gather every medical certificate, doctor’s letter and any message you sent your employer about your condition.
If your dismissal came right after childbirth or pregnancy related leave rather than an illness, read about being dismissed during pregnancy. Then use the deadline calculator to track your 60 days.
If you plan to challenge your dismissal, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send your medical certificates and dismissal letter directly to that lawyer. They can review whether it is a case they can act on.
If you were dismissed while on medical leave, an independent employment lawyer can review your certificates and dismissal letter and say whether the claim is worth pursuing.
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
Is there a limit on how much medical leave protects my job?
The Employment Act sets paid sick leave by years of service, and using that entitlement should not itself be treated as misconduct. Long term illness beyond the entitlement is more complex.
What if my employer says the company could not wait for my recovery?
Business need is a real consideration, but the employer must show it genuinely. Ask why your role could not be held open.
Does it matter if my MC came from a government or private clinic?
A properly issued medical certificate from a registered doctor counts whether the clinic is government or private. Keep the original or a clear copy.
Can I ask my employer for the real reason in writing?
Yes. A calm, written request for the specific reason is reasonable and creates a record. Their answer, or their silence, becomes part of the evidence.
Sources
- In an unfair dismissal case the burden of proof rests on the employer to show just cause or excuse for what happened. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause may file a Section 20 representation within 60 days of the dismissal. Mah Weng Kwai & Associates
- Back wages awarded by the Industrial Court are capped at twenty four months for a confirmed employee and twelve months for a probationer. DNH
Keep reading
If you were dismissed while on medical leave, an independent employment lawyer can review your certificates and dismissal letter and say whether the claim is worth pursuing.
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.