Taking medical leave is meant to give employees the time they need to heal and return to work safely. But if you’re fired during that leave, it may not be legal. California laws like the CFRA and FMLA protect eligible employees from being terminated while on approved leave. If your job was cut short without a clear, lawful reason, it may point to wrongful termination.
Some terminations also involve retaliation, especially when a worker asserts their right to medical leave or reasonable accommodations. The experienced California employment lawyers at Betts Law Group can help you understand your rights and whether your employer crossed the line.
What Types of Medical Leave Are Protected in California?
In California, multiple laws provide job protection during medical leave. The most common include:
- Family and Medical Leave Act (FMLA): A federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for certain medical and family reasons, which can include maternity leave. It applies to employers with 50 or more employees.
- California Family Rights Act (CFRA): California’s version of FMLA. It provides similar leave rights, sometimes with broader definitions and protections.
- Pregnancy Disability Leave (PDL): California employees disabled by pregnancy, childbirth, or related conditions are entitled to up to four months of job-protected leave.
- Fair Employment and Housing Act (FEHA): Requires employers to provide reasonable accommodations for employees with disabilities, which can include medical leave.
To be protected, you must meet eligibility requirements, such as having worked for your employer for at least 12 months and having worked 1,250 hours in the previous year.
Signs Your Termination Might Be Wrongful
Not every termination during or after medical leave is illegal. However, there are signs that may indicate your rights were violated:
- Timing: If you were fired soon after requesting or taking medical leave, it may be considered retaliatory.
- Inconsistent Treatment: If coworkers in similar roles and situations were treated differently, it may suggest discrimination.
- Pretextual Reasons: If your employer gives vague or shifting explanations for your termination, that could be a red flag.
- Failure to Reinstate: If your position or a comparable one was not offered upon your return, and there’s no legitimate reason, it could be unlawful.
In these cases, documenting your experience is crucial. Save emails, performance evaluations, doctor’s notes, and anything related to your leave or termination.
What Should You Do If You Were Fired on Medical Leave?
Start by reviewing your rights under FMLA, CFRA, and any company-specific policies. Then consider taking these steps:
- Request an explanation in writing from your employer.
- Gather documentation related to your leave, job performance, and termination.
- Speak with an employment attorney to understand your legal options.
Wrongful termination claims can involve compensation for lost wages, emotional distress, and in some cases, punitive damages. Legal support is key to evaluating the strength of your case.
Protections for California Workers
California is known for having strong employee protections, including those involving medical leave and discrimination. Employers can’t retaliate against workers for exercising their rights under the law.
If you suspect your termination was related to medical leave or a disability, you may be protected under California’s wrongful termination laws and federal protections. In some cases, you may also have a claim under disability discrimination laws.
Talk to a California Employment Attorney
Facing job loss after medical leave can be overwhelming, especially when you’re still recovering. Speaking with a California employment lawyer can help you make sense of what happened and what options you have.
Your health matters, and so do your workplace rights. If you believe you were wrongfully terminated while on medical leave, contact us to see how we can help.
