When you take medical leave under the Family and Medical Leave Act (“FMLA”), you expect your job to be waiting for you when you return. But what happens if your employer says the position is no longer available? Do you have the right to be reinstated, or can they legally terminate you even though you used FMLA?
This issue came to light in the case of LaRose v. American Medical Response of Connecticut, Inc., No. 24-962, 2025 WL 1524053 (2nd Cir., May 29, 2025). Robert LaRose, a paramedic, took FMLA leave due to a serious shoulder injury that required surgery and months of recovery. His leave began and ran its course through February 15, 2019. Despite his expectation of returning to work, LaRose was not reinstated to his supervisor position. Instead, his former employer, American Medical Response of Connecticut, Inc. (AMR), declined to bring him back. He then sued for FMLA interference and wrongful termination, claiming he had a right to reinstatement.
The Second Circuit Court of Appeals affirmed dismissal of his claim. Why? Because LaRose had not been medically cleared to return to work by the time his 12 weeks of leave expired. This decision illustrates the sharp edges of FMLA protections and why timing, documentation, and fitness to return are so critical.
What Is The Right To Reinstatement After Taking Medical Leave?
The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for certain medical and family reasons, such as:
- Recovering from a serious health condition,
- Caring for an immediate family member with a serious condition,
- Bonding with a new child,
- Dealing with certain military-related needs.
Employees have two important rights under the FMLA: the right to take leave and the right to return. As the Second Circuit recognized, the statute grants “the right to be reinstated to his former position or an equivalent position at the end of leave.” LaRose, 2025 WL 1524053, at *1. But this right only applies when the employee is actually capable of returning to work when their 12 weeks expire.
Best FMLA Leave Lawyer Blogs on Point:
- Can You Win An FMLA Claim If Your Leave Request Is Made After You Quit?
- Can I Be Fired During FMLA Leave For A Reduction In Force?
- Can You Be Retaliated Against For Reporting Discrimination Or Taking FMLA Leave?
What Must An Employee Prove To Win An FMLA Interference Claim?
To prove an FMLA interference claim, an employee must demonstrate:
- They were eligible for FMLA benefits;
- Their employer was subject to the FMLA;
- They had a qualifying reason to take leave;
- They gave appropriate notice;
- They were denied FMLA benefits they were entitled to.
These most of these elements are often not in dispute. In fact, in LaRose, AMR admitted that LaRose had met the first four. But the dispute turned on the fifth factor—was he denied a benefit he was entitled to? The Second Circuit said no, because LaRose could not show he was cleared to return to work on or before February 15, 2019, when his leave expired. In fact, his own doctor had scheduled surgery for March and stated he wouldn’t be cleared to return until May.
Best FMLA Interference Attorney Blogs on Point:
- Employers Cannot Fire Employees For Failing Timely Call Off If Due To Disability Or FMLA
- When Do I Have To Notify My Job Of My FMLA Request?
- Can Employers Require Medical Documentation for Each FMLA Absence?
What Happens If I’m Not Medically Cleared To Return Before My FMLA Leave Ends?
The Second Circuit emphasized that if an employee cannot perform the functions of their job when the 12 weeks end, the right to reinstatement does not survive: “Because LaRose was not medically cleared to return to work until three months after his FMLA leave expired, he could not have been prejudiced by AMR’s asserted failure to provide notice. Accordingly, LaRose cannot show that AMR has interfered with his right to be reinstated.” LaRose, 2025 WL 1524053, at *2.
This is a critical point: You cannot demand reinstatement if you are still physically unable to return to work when your FMLA leave ends. Employers are only required to reinstate employees who can perform their job functions at the time the leave expires. The FMLA’s reinstatement right is not indefinite—it applies only if you’re fit to return by the end of the 12-week leave period.
Even if an employer violates a technical rule, like failing to give a timely FMLA expiration notice, that doesn’t matter if the employee cannot return to work anyway. The Second Circuit was clear: without medical clearance to return, no FMLA benefit was denied. This reinforces that reinstatement is tied directly to an employee’s ability to return on time—not just to the paperwork.
Employees who know they won’t be ready in 12 weeks should talk to their employer about other options, such as extended medical leave or a reasonable accommodation under the ADA. But if you miss the deadline without clearance, your FMLA job protections may vanish along with it.
Best Wrongful Termination Lawyer Blogs on Point:
- When FMLA Ends, Employees Must Report Or Extend
- Yes, You Can Be Fired For Fraudulently Taking FMLA Leave
- Can Using FMLA Block Previously Set Termination?
Can Employers Deny Reinstatement If They Didn’t Give Notice Of FMLA Expiration?
LaRose also argued that AMR failed to give him updated notice about when his FMLA leave would expire. The regulation requires that employers “provide written notice to the employee” if the information changes, such as when the 12 weeks is nearly up. See 29 C.F.R. § 825.300(d)(5). While the Second Circuit acknowledged that employers must provide this notice, it held that the lack of it made no difference here because LaRose wasn’t able to return anyway.
Quoting its prior ruling in Sarno, the Court explained: “[An] employee’s right to reinstatement could not have been impeded or affected by the lack of notice where his leave was caused by a serious health condition that made him unable to perform the functions of his position and that inability persisted after the end of his twelve-week FMLA leave period.” LaRose, 2025 WL 1524053, at *2.
In other words, even if AMR failed to send the proper notice, it didn’t matter—LaRose wasn’t fit to return, so no FMLA benefit was denied.
Best Medical Leave Law Firm Blogs on Point:
- Can I Travel During FMLA Leave?
- Doctor’s Note May Not Be Enough To Get You FMLA
- What Are The FMLA Medical Certification Requirements?
What Should You Do If Your Employer Denies Reinstatement After FMLA Leave?
This case sends a strong message: FMLA protections have limits. If you can’t return to work within the 12-week window, your right to reinstatement may be lost—even if your employer made a technical mistake along the way. Employees should:
- Work closely with their medical providers to understand their return timeline.
- Keep employers informed in writing.
- Request clarification on when FMLA leave officially begins and ends.
- Get medical clearance before their leave expires, if possible.
- Consider asking for Americans with Disabilities Act (“ADA”) accommodation if you can’t return on time.
If your employer refuses to reinstate you after medical leave, consult an employment lawyer to assess whether your rights have been violated. FMLA claims involve specific deadlines and documentation, and understanding those rules early is key to success.
Best Employee’s Rights Law Firm Blogs on Point:
- Medical Leave: Can I Get More Under ADA After FMLA Expires?
- Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights
Why Call Spitz, The Employee’s Law Firm?
At Spitz, we focus exclusively on representing employees. We don’t just know employment law—we live it every day. If you’ve been denied reinstatement after taking FMLA leave or feel you’ve suffered a wrongful termination for exercising your rights, our experienced employment attorneys can help. We offer a free consultation and a no-fee guarantee. Call us today to speak with the best employment lawyer for your situation.
Disclaimer
This employee’s right blog is intended for informational purposes only and does not constitute legal advice. The information provided is a general overview of employee rights under the Family and Medical Leave Act (FMLA) and related employment law topics, including medical leave, reinstatement, and potential wrongful termination issues. Every employee situation is different, and you should speak directly with an experienced employment attorney or FMLA lawyer to get advice tailored to your specific case. Reading this blog does not create an attorney-client relationship. Results may vary based on your individual facts and circumstances. This blog is a legal advertisement prepared by Spitz, The Employee’s Law Firm, and is intended to help employees understand their workplace rights and options when dealing with employers who may have violated the law.