If you’re on medical leave or planning to take one, you might be worried about your job security. Here’s what you need to know about your rights under California employment law and what to do if your employer fires you while on medical leave.
Your Medical Leave Rights in California
California provides strong job protection for employees who need medical leave. Both federal law (FMLA) and state law (CFRA) protect your right to take necessary medical leave without fear of termination. Here’s what these protections mean for you:
Family and Medical Leave Act (FMLA) Protection
Under FMLA, eligible employees can take up to 12 weeks of unpaid leave within a 12-month period. To qualify for FMLA benefits, you must:
- Work for a covered employer
- Have worked at least 1,250 hours in the past 12 months
- Work at a location with 50 or more employees within 75 miles
California Family Rights Act (CFRA) Protection
CFRA provides similar protections to FMLA but with some important differences. Under CFRA leave, you have additional rights and protections specific to California employment law. This state law prohibits employers from terminating your employment simply for taking necessary medical leave.
When Taking Medical Leave Could Get You Fired
While both federal and state laws protect your right to take medical leave, there are legitimate reasons an employer can terminate your employment. Your employer may terminate you if:
- You’ve exhausted all protected leave and cannot return to work
- Your position was eliminated due to legitimate business reasons unrelated to your leave
- You would have been terminated regardless of taking leave
- You obtained leave fraudulently
However, many employers try to disguise illegal terminations with seemingly legitimate reasons. That’s why it’s crucial to understand your rights and recognize potential wrongful termination.
Signs Your Termination May Be Illegal
Watch for these red flags that could indicate wrongful termination:
- Your employer fired you shortly after requesting FMLA leave
- They hired someone to permanently replace you during your protected leave
- Your boss made negative comments about your medical condition or leave
- The company changed their leave policies specifically due to your situation
- You faced retaliation after taking medical leave
Protecting Your Job While on Medical Leave
To protect your rights when taking medical leave:
Document Everything
- Keep copies of all medical documentation
- Save emails and communications about your leave
- Record dates of conversations about your leave
- Maintain a timeline of events
Follow Proper Procedures
- Notify your employer as soon as possible about needing leave
- Provide required medical certification
- Keep your employer updated about your return-to-work timeline
- Submit all paperwork on time
Know Your Rights
- Understand both FMLA and CFRA protections
- Know what qualifies as a serious health condition
- Be aware of your leave entitlements
- Recognize signs of discrimination or retaliation
What to Do If You’re Fired While on Medical Leave
If your employer fires you while you’re on medical leave, take these steps:
Request Written Documentation
- Ask for the termination reason in writing
- Get copies of your personnel file
- Save all communication about your termination
File a Complaint
- Report the violation to the California Civil Rights Department (CRD)
- Consider filing with the Equal Employment Opportunity Commission
- Document all instances of discrimination or retaliation
Contact an Employment Law Attorney
An experienced employment attorney can:
- Evaluate whether your termination was illegal
- Help you understand your legal options
- Guide you through filing a wrongful termination claim
- Protect your rights throughout the legal process
Additional Protections Under California Law
Beyond FMLA and CFRA, California employees have additional protections:
Americans with Disabilities Act (ADA)
- Requires employers to provide reasonable accommodations
- Protects against disability discrimination
- May provide additional leave as an accommodation
California Fair Employment and Housing Act
- Offers broader protection than federal law
- Covers more medical conditions
- Provides additional leave rights
State Paid Leave Programs
- California Paid Family Leave
- State Disability Insurance
- Paid Sick Leave laws
Taking Action to Protect Your Rights
If you believe your employer violated your rights by firing you during medical leave:
Act Quickly
- Time limits apply to filing complaints
- Evidence may become harder to gather over time
- Legal deadlines are strict
Gather Evidence
- Medical documentation
- Employment records
- Communications about your leave
- Witness information
Seek Legal Advice
- Consult an employment law attorney as soon as possible
- Malk Law Firm offers free initial consultations
- Can help evaluate the strength of your case
Remember, while employers cannot fire you simply for taking protected medical leave, they may try to find other reasons to terminate your employment. That’s why it’s crucial to document everything and seek legal advice if you suspect wrongful termination.
Know Your Worth and Stand Up for Your Rights
Medical leave is a protected right under both federal and state law. If you’ve been fired while on medical leave, don’t assume your employer’s actions were legal. Many employers count on workers not knowing their rights or being too intimidated to take action.
Contact our experienced employment attorney at Malk Law Firm to understand your rights and options. Your health and job security are worth protecting, and California law is on your side.
