Fired While on FMLA or CFRA Leave in California?
Can You Be Fired While on FMLA or CFRA Leave in California?
Yes — but only in very limited circumstances.
Under California law, an employer may terminate an employee who is on FMLA or CFRA leave only if it can prove that the termination would have occurred even if the employee had not taken leave.
What an employer cannot do is fire an employee because they are on leave.
That distinction sounds simple. In practice, it is where most employers get into serious legal trouble.
FMLA and CFRA are Job-Protected Leaves
Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide job-protected medical leave.
When you qualify:
Your employer must hold your job or a comparable position
You cannot be punished for taking leave
You must be reinstated after leave ends
Firing an employee for taking protected leave is unlawful, even if the employer uses a different label for the termination.
"We would have fired you anyway"
Almost every employer accused of firing someone on FMLA or CFRA leave says the same thing: “The termination was unrelated to the leave.”
That statement is not the end of the analysis. It is the beginning.
Courts look at whether the employer can actually prove that the firing decision was independent of the leave.
Fired While on FMLA Leave - 5 Common Scenarios
Employers often terminate employees on leave by:
Selecting the employee on leave during a “restructuring” or “reduction in force”
Claiming performance issues that were never raised before the leave
Pointing to missed deadlines or paperwork during leave
Eliminating a position shortly after leave is requested
Terminating immediately upon return from leave
Timing matters. A lot.
When a termination closely follows a leave request or occurs during leave, the employer’s explanation should be reviewed carefully.
Being "Laid Off" While on FMLA or CFRA Is Still Being Fired
Employers often believe calling a termination a “layoff” avoids liability.
It does not.
If an employee on leave is selected for termination because of their absence, or when they would not have been selected had they been actively working, the termination can violate FMLA and CFRA.
Fired While on FMLA Leave - Job Eliminated Excuse
A position can sometimes be eliminated for legitimate business reasons.
But when the employee on leave is the one selected — especially where others were similarly situated — the employer must prove that the decision had nothing to do with the leave.
Many employers cannot meet that burden.
Paperwork, Performance, and “Technical” Excuses
Employers frequently justify firing someone on leave by pointing to:
Incomplete forms
Certification issues
Alleged performance deficiencies
Attendance problems tied to the medical condition
Courts may be skeptical of these explanations, particularly when:
The issues appeared only after the leave began
The employer failed to give the employee a meaningful chance to cure
The employer ignored its obligation to communicate during leave
Termination After FMLA or CFRA Leave Ends
Some employers wait until leave ends and then fire the employee.
This does not insulate the employer.
Firing an employee shortly after returning from protected leave may be strong evidence of retaliation, especially when the employer cites reasons that were not previously documented.
CFRA Is Broader Than Many Employers Realize
California’s CFRA provides broader coverage than federal FMLA, including:
Coverage for smaller employers
Broader definitions of qualifying family members
Independent protection even when FMLA does not apply
Many employers apply federal rules incorrectly and violate CFRA without realizing it.
What If FMLA or CFRA Leave Is Exhausted?
Even after FMLA or CFRA leave ends, California law may still require the employer to consider additional medical leave as a reasonable accommodation under disability law.
Terminating an employee for exhaustion of FMLA/CFRA leave may be a direct violation of California law requiring consideration of leave as a reasonable accommodation when other leaves are exhausted.
Do You Have a Case If You Were Fired While on FMLA or CFRA Leave?
You may have a claim if:
You were terminated during FMLA or CFRA leave
You were fired shortly after returning from leave
You were selected for layoff while on leave
Your employer cited new performance issues during leave
Your employer failed to communicate or engage in an interactive process
Your employer claimed the firing was “unrelated” without solid proof
Each case depends on its facts. If these or similar circumstances apply to you, you should definitely call us or submit a case review form.
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.