Fired for 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 accommodation laws. These laws do not allow an employer to simply decide that an employee has taken “too much” leave if additional time off would have been reasonable. The obligation to accommodate a medical condition is ongoing and may include multiple extensions of leave.
If medical leave played any role in your termination, you should understand your rights before assuming the employer acted lawfully.
When Is Medical Leave Protected in California?
Even if you are brand new employee and you need a medical leave for a health condition or event that impacts your ability to perform your job, you may be entitled to a medical leave of absence as a reasonable accommodation. You do not need to qualify for FMLA or CFRA leave or Pregnancy Disability Leave to be entitled to leave as a reasonable accommodation. Even if you have “used up” all other leaves or “Are not eligible” for other leaves, your employer must still engage in a discussion with you and/or your healthcare provider to determine if a medical leave or further extension of leave would allow you to return and perform your essential job functions.
One of the most common employer mistakes we see is not offering medical leave or an extension of medical or pregnancy leave as a reasonable accommodation. Employers are quick to terminate employees with letters stating the employee used up available “protected” leave or is not eligible. We almost always find the employer violated the law and should pay the employee damages for the wrongful termination.
If an employer fired you stating that you were not eligible for leave or used up your leave or were out too long and it had to replace you or similar reasons, you should definitely give us a call.
We Have Spent Decades Focused on Wrongful Termination Cases Involving Employee Health Conditions. We have now gone all in.
Our practice is intentionally focused. We represent California employees who were fired for health-related reasons, which often include employees fired for medical leave or because they requested another reasonable accommodation for a mental or physical health condition, including pregnancy-related conditions. What is in a name? Ours explains who we are what we we do in three words: sickandfired.com lawyers.
Call or submit the super simple form below if your termination if you lost your job because of an actual or perceived health condition or need for accommodation. You owe it to yourself to at least consider your options. Employers too often seek to accommodate their own interests in putting profits over people, but the law was not intended to accommodate employers who want to get rid of the “defective” employees on their payroll. Yet, even with clear laws having been around for many decades, many employers fail to even take the first step toward accommodating health-impaired employees.
Instead, many employers spend their time trying to come up with reasons for termination–even accusing employees of “job abandonment” for requiring time off work to treat and/or recover from significant health challenges. How crazy is it that employers still send letters to employees who cannot even get out of bed accusing them of “job abandonment”–as if they wanted to skip paychecks and suffer health challenges and “abandon” their employers. The continued–and common–use of the “job abandonment” letter to terminate employees requiring time away from work due to health issues alone shows just how far we have to go before we will achieve what California hoped would be achieved by its clear and protective laws.
Signs You Have a Claim for Being Fired Because of Medical Leave
Cases resulting from termination for taking or requiring medical leave tend to follow predictable patterns. If any of the following examples look like what happened to you, you should definitely contact us:
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Your leave of absence was cut off because of a company policy limiting leaves to a certain length of time.
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You request leave or an extension of leave and your employer rejects our request claiming you are not eligible because of your length of employment or because you have taken too much leave.
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You request leave or an extension of leave and your employer claims that the employer needs you at work and that allowing you to take the leave would cost the employer too much or cause the employer an “undue hardship.”
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Performance “problems” that were never mentioned before your leave suddenly become serious, even termination-worthy issues, after your request or take medical leave.
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You take medical leave for surgery, treatment, or recovery, and your job is suddenly “eliminated” but you know that the employer either just posted your job online looking for a replacement, or moved your duties to another employee to make it appear as if the position was actually eliminated even though the employer was simply attempting to get away with firing you instead of accommodating your health-related needs.
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Your company makes you apply for medical leave through a third party administrator (“TPA”) like “Sedgwick,” “Aetna,” “MetLife,” or any other separate company handling leaves of absence for employers and the employer terminates you based on your leave not being approved by the TPA.
Ask a Medical Leave Termination Lawyer - Call or Submit Our Free Case Review Form
You do not need to know you have a case before reaching out. Many of our clients were unsure at first. They simply knew something felt wrong. We can review what happened to you and help you understand your options.
Frequently asked questions about being fired while on Medical Leave
Is medical leave considered a reasonable accommodation?
Yes. Under California law, even when an employee is not
eligible for FMLA/CFRA because of the length of employment or other reason, and
even when leave is still needed beyond that permitted by an employer under
FMLA/CFRA or Pregnancy Disability leave, leave or an extension of leave may be
available as a reasonable accommodation.
Can you be fired while on medical leave in California?
Yes — but only in limited circumstances. In most
circumstances, an employer cannot fire you because you are on
medical leave or because of the medical condition that required the leave.
However, employers often claim they fired someone for unrelated reasons, such
as the employee’s failure to complete or turn in required paperwork,
performance issues, or restructuring/job elimination, even though the actual
underlying reason is the employee’s medical leave or a health condition.
Can an employer fire you while you are on FMLA leave (CFRA leave under California law)?
If an employer would have fired you for a legitimate reason
even if you were not on leave, then they generally can fire you while you are
on leave. They cannot fire you because you are on
leave. Employers sometimes choose the person on leave for a “layoff” or
termination even though they would have chosen someone else if that employee
were actively working. In those cases, the employer has terminated the employee
“because of the leave” in violation of the law.
Can you be fired after returning from medical leave?
Yes — and this is a very common scenario. Being fired
shortly after returning from medical leave is often a red flag indicating the
employer may be retaliating or discriminating based on a health
condition/disability. Employers sometimes wait until an employee returns to
work and then cite performance issues or attendance problems that suddenly
appear after the leave ends.
Can you be laid off while on medical leave or FMLA?
Laid off” generally means fired due to business reasons.
The same legal rules apply. An employer cannot lay you off because you
are on leave except in rare circumstances, but an employer can lay you off if
it would have done so for legitimate reasons even if you were not on leave.
Is it illegal to fire someone for taking medical leave?
Yes. Firing an employee because they took
medical leave, requested medical leave, or needed an accommodation related to a
medical condition violates California law in most circumstances. Employers are
required to consider reasonable accommodations and engage in an interactive
process (communicate with the employee regarding accommodation), and offer
reasonable accommodations rather than simply terminating employment.
Can my job be eliminated while I am on FMLA or medical leave?
An employer may eliminate a position during a legitimate
restructuring, but medical leave does not strip you of legal protections. If
your position is eliminated while you are on leave, the employer must show that
the decision would have happened regardless of the employee’s leave.
What if my employer says they fired me for performance reasons while I was on leave?
This is one of the most common justifications employers
use. Sudden performance concerns that were not raised or documented before the
medical leave may indicate the employer is offering false reasons.
Do I have rights even if my employer says the firing was “unrelated” to my leave?
Yes. Employers often try to hide the medical leave/health
issues reason for a termination by stating other “unrelated” reasons. The
review of key documents, communications, and other evidence often reveals the
unlawful motive. Employees are often terminated during CFRA leave, which is
generally unlawful unless the employer can prove the decision was unrelated to the leave.”
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.