Getting fired after taking medical leave can feel incredibly unjust and, in many situations, it is illegal. While employers can terminate an employee’s position who is on leave, they can never do so because the employee exercised their legal right to take that leave.
If you believe you have lost your job due to your medical absence, you may have a strong case for wrongful termination and retaliation. Speaking with a Los Angeles family medical leave lawyer at Sparrow LLP can help you understand your legal options.
What Qualified for Illegal Firing
It is illegal to be fired for taking protected medical leave. However, an employer may fire you while on medical leave, as long as it is based on a reason wholly unrelated. These lawful termination scenarios tend to be rare, but common examples include company-wide layoffs, misconduct before or during the leave, and the inability to perform essential work duties even with reasonable accommodations.
Wrongful termination, also called retaliation, occurs more often. If your employer fires you because they are frustrated by your leave of absence, consider it an inconvenience, or have already replaced you and do not want you to return, that is illegal termination.
Steps to Take If You Are Fired on Medical Leave
Document everything. Save documents like your medical leave request, doctor’s notes, communications with human resources, any favorable past performance reviews, and company policies like an employee handbook.
Request a formal letter from your employer explaining why you were terminated and the effective date. Employers often use tactics to be vague about their reasoning, but a written letter may expose inconsistencies later. Be sure to consult an attorney before signing any documents. These agreements often require you to give up your right to sue in exchange for severance.
Speak with an employment attorney as soon as you can to help you determine if your employer’s stated reason is legitimate. They will help you build a case to file a complaint with the California Civil Rights Department (CRD). Remember, laws exist to ensure workers can prioritize their health without losing their livelihood. If your rights were violated, you may be entitled to recover damages, including lost wages and benefits.
How Federal and State Regulations Support Employees on Medical Leave
In California, your job is protected while on medical leave under two complementary laws. At the federal level, the Family and Medical Leave Act (FMLA) protects those who work at companies with 50 or more employees. It states that an employer must reinstate you to your same job or a similar position with equivalent pay, benefits, and tasks when you return from leave.
The California Family Rights Act (CFRA) allows employees to take up to 12 weeks of unpaid, job-protected leave on a yearly basis. To be eligible, your employer must have five or more employees, you must have been employed there for at least 12 months, and you must have completed at least 1,250 hours of work prior to the leave. The CFRA covers serious health conditions, pregnancy and bonding with a new child, and caring for a qualifying family member.
California also has specific laws against pregnancy discrimination. This pregnancy disability leave allows eligible employees to take up to four months of job-protected leave due to pregnancy, the birth of a child, or related medical conditions.