Can My Boss Fire Me for Taking Medical Leave in California? Know Your Rights

When a serious medical condition prevents you from working, the last thing you need is to worry about losing your job. California employees have important legal protections under state and federal law when taking medical leave. However, the rules can be complex, and employers don’t always respect employee rights.

This post covers what you need to know about medical leave protections in California – when you qualify for job-protected leave, when and how an employer can legally terminate you while on leave, and what to do if you suspect your rights have been violated.

When Are You Entitled to Job-Protected Medical Leave in California?

Two main laws provide California employees with the right to take job-protected medical leave:

1. California Family Rights Act (CFRA): Applies to California employers with 5 or more employees. Eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for their own serious health condition or to care for a family member. To qualify, you must have worked for your employer for more than 12 months and at least 1,250 hours in the prior year.
2. Family and Medical Leave Act (FMLA): This federal law applies to employers with 50 or more employees. It provides up to 12 weeks of unpaid, job-protected leave per year for an employee’s own serious health condition or to care for an immediate family member. Eligibility requirements are the same as CFRA.

During CFRA or FMLA-protected leave, your employer must continue your health insurance coverage and reinstate you to the same or comparable position when you return.

Other laws like the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) may also entitle you to medical leave as a reasonable accommodation for a disability. Pregnancy-related medical leave is covered under the Pregnancy Disability Leave Law (PDL).

Can an Employer Fire You While on Medical Leave?

An employer cannot fire you simply because you took medical leave under the CFRA or FMLA. However, an employer can legally terminate you while on leave if it is for reasons unrelated to your medical condition or leave.

Some examples of legal termination reasons include:

• Layoffs due to economic conditions unrelated to your leave
• Poor performance issues that existed before your leave
• Misconduct or policy violations unrelated to your leave
• Elimination of your position for legitimate business reasons

To determine if your termination was legal, look carefully at the reason provided, the timing related to your leave, and whether the reason is supported by documented facts that would justify termination even if you hadn’t taken leave.

Employers sometimes use pretexts like performance issues or restructuring to disguise terminations that are really based on medical leave or a disability.

What Are Your Options If You Were Wrongfully Terminated?

If you suspect your employer fired you because you took or requested CFRA or FMLA leave, you may have a legal claim for wrongful termination and retaliation. Some red flags include:

• Negative comments about your leave or medical condition
• Sudden discipline or poor performance reviews after requesting leave
• Failure to reinstate you to the same or equivalent job
• Inconsistent or false reasons given for your termination
• Termination shortly after requesting or taking leave

You have the right to file a complaint with the California Civil Rights Department (CRD) or the U.S. Department of Labor within one year of the violation. You may also be able to file a lawsuit for damages, including lost wages and benefits, emotional distress, and attorneys’ fees.

Before taking legal action, consider the following steps:

1. Document everything related to your medical condition, requests for leave, communications with your employer, and the termination. Keep copies of emails, texts, letters, doctor’s notes, etc.
2. Request your complete personnel file from your employer, which you have a right to under California law. Look for negative performance reviews or disciplinary actions that could explain your termination.
3. Consult with an experienced California employment lawyer. A knowledgeable attorney can evaluate your specific situation, explain your options, and represent you in filing a complaint or lawsuit if you have a strong case.

California provides strong protections for employees who need medical leave, but employers still violate the law. If you have been fired while on medical leave or denied leave rights, don’t assume it was legal. Consult with an employment attorney to understand your rights and explore your options for holding your employer accountable.

At TONG LAW, our skilled employment lawyers are dedicated to fighting for California employee rights. We offer confidential consultations to help you understand your legal options. Contact us today if you believe your employer has violated your medical leave rights.