Being terminated while on medical leave in California is illegal in most cases, as state and federal law protect eligible employees from wrongful termination during approved leave under the CFRA, FMLA, PDL, and FEHA. The exceptions are any legitimate lawful reasons to end your employment, like discovering you stole from the business, for example.
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. Federal and California laws like the FMLA and CFRA 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 Medical Leave Is Protected in California?
California employees dealing with a medical absence are protected by both federal and state law. Federal law sets the baseline through the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave per year for qualifying medical reasons, but only for employees at companies with 50 or more employees.
California then builds on top of that baseline with three additional layers of protection, each covering ground that the FMLA does not.
California Family Rights Act (CFRA)
The CFRA extends the federal baseline in several important ways:
- Covering employers with as few as five employees, compared to the FMLA’s threshold of 50
- Extending leave rights to care for a wider range of family members, including grandparents, grandchildren, siblings, and domestic partners
- Treating pregnancy disability leave separately, meaning eligible employees can take CFRA leave on top of pregnancy disability leave rather than instead of it
Pregnancy Disability Leave (PDL)
PDL is a California-only protection with no equivalent under federal law. Because it sits outside the other leave laws above, it can be layered on top of them, which is one of the most important things to understand if you were fired during a pregnancy-related absence. Key differences:
- No minimum tenure or hours requirement, which means you are generally eligible from day one of employment, as long as your employer has five or more employees
- Provides up to four months of leave per pregnancy, which you can then follow with up to 12 weeks of CFRA bonding leave
- Covers any condition related to pregnancy, childbirth, or recovery, not just a narrow definition of disability
Fair Employment and Housing Act (FEHA)
FEHA operates differently from the other leave laws. Rather than setting a fixed leave period, it requires employers to accommodate disabilities on an ongoing basis. Key differences:
- Requires employers to engage in a good-faith interactive process before denying any accommodation request
- Can require leave beyond what FMLA or CFRA provide, if that is what the disability demands
- Applies to any physical or mental disability, not just conditions tied to a specific medical event
- Firing someone instead of exploring accommodations may be a FEHA violation in itself
Signs Your Termination Might Be Wrongful
Not every termination that happens during or after medical leave is illegal. California is an at-will employment state, which means employers can generally end employment for any reason that is not unlawful. The question is whether the reason was connected to your protected leave.
Attorney Whitney Betts notes that some of the clearest warning signs include:
- Timing: Being fired shortly after requesting, starting, or returning from medical leave is one of the strongest indicators of retaliation.
- Inconsistent Treatment: If coworkers in comparable roles were treated differently under similar circumstances, that gap may point to discrimination.
- Pretextual Reasons: When an employer gives reasons for the termination that change over time or do not hold up against your performance record, that inconsistency can be significant.
- Failure to Reinstate: If your employer refused to return you to your position or a comparable one after your leave ended and had no legitimate business reason, that refusal may be unlawful.
If you are unsure whether what happened to you qualifies as wrongful termination, speaking with a California employment attorney can help you make that assessment. The team at Betts Law Group offers free consultations and can walk you through what your employer was legally required to do.
What Should You Do If You Were Fired on Medical Leave?
- Request a written explanation: Ask your employer in writing why you were terminated. Their response, or refusal to respond, can become part of your documentation.
- Gather your records: Collect anything connected to your leave and your termination: approval letters, doctor’s notes, HR emails, performance reviews, pay stubs, and any communication that references your health or absence.
Talk to an Employment Attorney Before You Sign Anything
Some employers offer severance agreements that include a release of all legal claims. Signing one of those without legal advice could waive your right to pursue a wrongful termination claim. An attorney can review any documents before you commit.
How California Law Specifically Protects Employees on Medical Leave
Knowing which law covers your leave is one thing. Understanding what your employer is actually prohibited from doing under those laws is another. Under California law, your employer cannot:
- Interfere with, restrain, or deny your right to take protected leave
- Retaliate against you for requesting or taking leave (this is treated as a separate violation from the denial itself)
- Skip the interactive process required under FEHA when a medical condition may require extra accommodation
- Use a medical situation as a pretext to terminate employment when no legitimate business reason exists
If your employer violated any of these obligations, you may have grounds to file a claim with the California Civil Rights Department.
A note on filing deadlines: For FEHA and CFRA-based claims, you generally have three years from the date of the violation to file an administrative complaint with the CRD. Once a right-to-sue letter is issued, you then have one year to file in civil court. Speaking with an attorney early is important.
Suspect You Were Wrongfully Terminated? 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.
Frequently Asked Questions About Wrongful Termination While on Medical Leave
1. Can I be fired while on medical leave in California?
In most cases, no. California law protects eligible employees from being fired while on approved medical leave. If your employer terminated you during or shortly after your leave, it may be considered wrongful termination. The exceptions are any legitimate lawful reasons to end your employment, like discovering you stole from the business, for example.
2. Does California give employees more protection than federal law?
Yes. California’s leave laws go further than federal law in several important ways. The CFRA covers employers with as few as five employees, compared to the FMLA’s threshold of 50. California also provides separate pregnancy disability leave on top of standard family leave, and FEHA requires employers to actively accommodate medical conditions on an ongoing basis (within reason), rather than simply allowing leave.
3. What is the difference between FMLA and CFRA?
The FMLA is a federal law that applies to larger employers and sets the baseline for job-protected medical leave. The CFRA is California’s version and is broader in several ways: it covers smaller employers, protects a wider circle of family members, and treats pregnancy disability leave as a separate entitlement. In most California wrongful termination cases involving medical leave, the CFRA is the stronger protection.
4. What should I do if I were fired while on medical leave?
Start by requesting a written explanation from your employer. Then gather everything you have, like approval letters, doctor’s notes, HR emails, performance reviews, and any communication referencing your work performance before leave, health, or absence. Most importantly, speak with an employment attorney before signing anything like a severance agreement, which will ultimately waive your right to file a claim entirely.
5. How do I know if my termination was retaliation for taking medical leave?
There are several warning signs. If you were fired shortly after requesting or starting leave, if your employer gave shifting or vague reasons for the termination, or if coworkers in similar situations were treated differently, those are all red flags worth a consultation with an attorney. Our consultations are free, and you only pay if we recover compensation for you.
6. What compensation could I recover for wrongful termination in California?
If your claim is successful, you may be entitled to recover lost wages, future lost earnings, and damages for emotional distress. In some cases punitive damages may also apply. Every case is different, and outcomes depend on the specific facts involved.
7. How long do I have to file a wrongful termination claim in California?
For claims based on FEHA or CFRA retaliation, you generally have three years from the date of the violation to file an administrative complaint with the California Civil Rights Department. After that, you have one year from the date of your right-to-sue letter to file in civil court. Missing either deadline can bar you from recovering compensation entirely.
8. Can Betts Law Group help with my wrongful termination case?
Yes. Betts Law Group handles wrongful termination cases throughout California, including San Diego and Orange County. There are no upfront fees, and you only pay if compensation is recovered. Contact us to schedule a free case evaluation.
