Smollett’s final appearance on the show aired last month, in which his character married his boyfriend Kai, played by Toby Onwumere. It was the first gay, black wedding shown on primetime television.  

After charges related to the alleged hoax attack were dropped, the city of Chicago sued Smollett for $130,000 in “overtime costs.” 

Fox negotiated an extension to his contract for a possible comeback in season six, though executives say they have no plans for that to happen.

“By mutual agreement, the studio has negotiated an extension to Jussie Smollett’s option for season six, but at this time there are no plans for the character of Jamal to return to Empire,”Fox Entertainment and 20th Century Fox TV said in a joint statement in early May.