Fired While On Medical Leave in California
If you were fired while on medical leave in California—or terminated after requesting medical leave—your employer may have violated state or federal law. Many employees are told their termination was for attendance, performance, or business reasons, only to later discover that medical leave is protected in ways their employer failed to recognize.
In California, medical leave may be protected under CFRA, FMLA, or disability discrimination and reasonable accommodation laws. Even when an employee has exhausted, or was never eligible for, CFRA or FMLA leave, additional time off may sometimes be required as a reasonable accommodation for a disability. An employer cannot end the analysis simply because it believes an employee has used all available “protected leave.” The obligation to accommodate health limitations is ongoing and may include multiple extensions of leave well beyond what an employer believes is “protected.”
If medical leave played any role in your termination, it is worth understanding your rights before accepting the employer’s explanation for what happened.
When Is Medical Leave Protected in California?
Even if you do not qualify for FMLA or CFRA, medical leave may still be protected under California disability protections. A leave of absence, or extensions of an existing leave, will often be a reasonable accommodation for a physical or mental health condition.
This distinction is important because employers frequently treat the end of FMLA, CFRA, pregnancy disability leave, or an internal company leave period as if it automatically ends the employee’s right to be out on leave–they must return or be terminated. But that is not the law. If additional leave could allow the employee to return to work and perform the essential functions of the job, the employer may have an obligation to consider it as a reasonable accommodation.
What happened before the termination is critical to the analysis. Did anyone ask when you expected to return? Did the employer discuss any requested extension with you or your healthcare provider? Did the company simply tell you that you had been out too long? Did the employer simply accept the decision of a third party leave administrator (such as Sedgwick) to deny your leave and count the absences against you? Those are the kinds of facts we look at when evaluating whether an employer actually considered its accommodation obligations as it is required to before ending someone’s employment.
Why I Focus on Employees Who Got Sick and Got Fired
After more than two decades litigating employment cases, I decided to narrow my practice around a problem I had seen again and again: an employee becomes limited by a medical condition, needs time away from work or another accommodation, and suddenly a job that had seemed secure is at risk an employee who was a top performer is viewed as a problem.
Today, that is the focus of Sick and Fired Law. I represent California employees whose medical condition, disability, medical leave, or request for accommodation was a factor leading to the loss of their jobs–sometimes their careers.
These cases often turn on details. What did the employee tell the company? What did the doctor actually say? Who made the termination decision, and when? Did HR consider additional leave as an accommodation—or simply rely on a leave administrator’s denial? Did complaints about attendance or performance suddenly appear after the employee became sick or requested leave?
Those details matter because the reason an employer gives for firing someone is often far different than the reason the evidence ultimately proves.
I have spent decades litigating employment cases from the initial investigation through discovery, depositions, motions, trial preparation, and appeals.
That experience shapes how I evaluate a case from the beginning. I am not simply asking whether something unfair happened. I am looking for the evidence that can prove why it happened. I use my detailed knowledge of the law to then examine whether that “why” violated the law. (I have been told more than once that my knowledge of the law in this area indicates that I need more hobbies. Fair enough.)
Why I Believe Enforcing These Rights Matters
Many employees I speak with feel guilty about even considering a claim. They know their illness created difficulties at work. They needed time away. Their coworkers had to cover. They sometimes tell me they understand why the employer finally decided it couldn’t continue.
But California’s protections for employees with disabilities and medical conditions exist precisely because accommodating an employee can sometimes be inconvenient. If employers could disregard those obligations whenever compliance became difficult or expensive, the protections would mean very little.
You don’t need to apologize for asking whether your employer honored its obligations to you.
Signs You Have a Claim for Being Fired Because of Medical Leave
- Your employer says you have been out too long. The company cuts off your leave because of a policy limiting how long employees can be away from work, without considering whether additional leave could be a reasonable accommodation.
- You are told you have “used up” your leave or are not eligible for FMLA or CFRA. The employer treats that as the end of the discussion without considering whether medical leave may still be available as a reasonable accommodation.
- Your doctor provides an expected return date, but the company says it cannot extend your leave that long. A request for additional leave is not necessarily “indefinite” simply because an employee cannot return immediately. The expected duration of the leave and the circumstances matter.
- Your leave administrator denies or closes your leave, and HR then moves toward termination. Many employers use third-party administrators to process medical leave. A third party’s decision about benefits or leave eligibility does not necessarily answer the separate question whether the employer has obligations under disability-accommodation law.
- Nobody meaningfully discusses alternatives with you before you are fired. You provide medical information or request additional time, but instead of discussing your expected return, restrictions, or possible accommodations, the company simply tells you that your employment may—or will—end.
- Performance or attendance problems suddenly become serious after you request or take medical leave. Problems that were never considered termination-worthy before the medical issue suddenly become the employer’s explanation for firing you.
- Your job is supposedly eliminated while you are away. But the company posts the same or a similar position, hires a replacement, or simply redistributes your work in circumstances that raise questions about whether the position was really eliminated.
- The explanation for your termination changes. HR, your manager, a leave administrator, or the termination paperwork gives different explanations for why your employment ended. Inconsistencies do not necessarily prove discrimination or retaliation, but they can become important evidence.
Fired After Taking Medical Leave? Tell Me What Happened
If you were fired, threatened with termination, or told your job could not be held because you needed medical leave, I can review what happened and help you understand whether your employer may have violated California law.
Tell me what happened through the confidential case-review form, or call Sick and Fired Law to discuss your situation.
Frequently asked questions about being fired while on Medical Leave
Is medical leave considered a reasonable accommodation?
Yes. Under California law, a leave of absence can often be a reasonable accommodation for an employee with a disability. This will often be true even if the employee does not qualify for FMLA or CFRA, or has already exhausted available leave under those laws. The question is whether additional leave would be a reasonable accommodation in light of the employer’s resources and other factors—not simply whether some other kind of provided leave has ended.
Can you be fired while on medical leave in California?
Yes, but being on medical leave does not give an employer a free pass to fire you. An employer may have a lawful reason for terminating someone who happens to be on leave, but it generally cannot terminate an employee because of protected medical leave, disability, or the need for a reasonable accommodation. The timing, the employer’s stated reason, and what happened before the termination can be critical.
Can an employer fire you while you are on FMLA leave (CFRA leave under California law)?
An employee can sometimes be terminated while on FMLA or CFRA leave for a legitimate reason unrelated to the leave. But an employer generally cannot fire an employee because the employee took protected leave. If the employer claims the termination was unrelated, the chronology and evidence surrounding the decision may become particularly important.
Can you be fired after returning from medical leave?
Yes, but a termination shortly after returning from medical leave can raise important questions. The timing becomes especially significant when new attendance or performance criticisms appear after the leave, or when the employer’s concerns were not documented beforehand. Timing alone does not prove an unlawful termination, but it can be an important part of the evidence.
Can you be laid off while on medical leave or FMLA?
Yes. A legitimate layoff or reduction in force can affect an employee who is on medical leave. But the employer generally cannot select someone for layoff because of protected leave, disability, or a need for accommodation. If your position was selected while you were away, it may be important to examine how the company decided whose jobs would be eliminated.
Is it illegal to fire someone for taking medical leave?
It can be. California employees may have protections under CFRA, disability-discrimination and reasonable-accommodation laws, and other laws depending on the circumstances. The important questions include why the leave was needed, which laws applied, what the employer knew, whether additional accommodation was required, and why the employer actually decided to terminate the employee.
Can my job be eliminated while I am on FMLA or medical leave?
Yes. An employer can eliminate a position for legitimate business reasons even when an employee is on leave. But calling something a “position elimination” does not make it one. If substantially the same work continues, the company hires someone else to perform it, or the explanation does not match what actually happened, those facts may deserve a closer look.
What if my employer says they fired me for performance reasons while I was on leave?
Performance can be a legitimate reason for termination. But when serious performance concerns appear only after an employee becomes sick, requests leave, or takes medical leave, the history matters. We look at what was documented before the medical issue, what changed afterward, who made the decision, and whether the employer’s explanation is consistent with the contemporaneous records.
My FMLA or CFRA leave ran out. Can my employer fire me?
Not necessarily. The end of FMLA or CFRA leave does not automatically end an employer’s obligations under California disability law. If you need additional time because of a disability, additional medical leave may sometimes be a reasonable accommodation. The employer may need to consider that request separately rather than simply terminating you because your statutory leave expired.
My doctor extended my medical leave. Can my employer refuse the extenstion?
Sometimes, but an employer should not necessarily reject an extension simply because the employee has already been away from work for a long time. Important facts can include how much additional leave is requested, whether there is an expected return date, whether the leave would allow the employee to return to work, and whether providing the additional leave would create an undue hardship for the employer.
My leave administrator denied my leave. Can my employer terminate me?
Not necessarily. Employers often use third-party companies to administer leave or disability benefits, but the administrator’s decision does not necessarily determine all of the employer’s legal obligations. For example, an employee who is no longer eligible for a particular leave benefit may still be entitled to consideration of additional medical leave as a reasonable accommodation. The employer may have obligations of its own before deciding to terminate employment.
Retaliation for Requesting Medical Leave
In some cases, employees are terminated not while on leave, but immediately after requesting it. Learn more about retaliation for requesting medical leave.
If You Were Fired While on Medical Leave
Employees are often told their termination had nothing to do with their medical condition or leave. In many situations, however, the timing and circumstances raise serious legal questions under California law.
Our firm focuses specifically on cases where employees are terminated because of a health condition, disability, or need for medical leave. If your job ended after requesting or taking medical leave, it may be worth having the situation reviewed by an attorney familiar with California medical leave protections.