Can my employer fire me just for asking for medical leave in California?

In most situations, no. Requesting protected medical leave under CFRA, FMLA, or California disability laws is considered protected activity. An employer may not lawfully terminate you simply because you asked for leave. However, the employer may still discipline or terminate an employee for legitimate, non-retaliatory reasons that are unrelated to the leave request. The key legal question is whether the request played a motivating role in the decision.

Does it matter if my leave had not yet been approved?

It can. Protection may attach as soon as you provide sufficient notice of a serious health condition or request protected leave. An employer cannot avoid liability by terminating an employee before formally approving the leave if the decision was motivated by the request itself. Courts focus on the employer’s knowledge and intent at the time of termination.

How close in time does the termination need to be to prove retaliation?

There is no fixed timeline. Courts often look at whether the termination occurred days or weeks after the leave request, but timing alone is rarely decisive. A close temporal connection can raise suspicion, especially when combined with other evidence such as sudden performance write-ups or inconsistent explanations.

Are medical leave protections stronger in California than under federal law?

Yes — and employers frequently do. However, courts examine whether the stated reason is supported by prior documentation and consistent treatment of other employees. If performance concerns only appear after a leave request, or if protected absences were counted against you, that may suggest the explanation is pretextual.

Can my employer say it was performance-based even if I had just requested leave?

Often, yes. California’s CFRA and disability accommodation laws may provide broader or overlapping protections beyond federal FMLA rights. In some cases, state law requires employers to consider additional leave as a reasonable accommodation, even after FMLA has been exhausted. The interaction between these laws is often central to evaluating whether a termination was lawful.

Why the Pink?

We are recognizing the 25th anniversary of the PopPINK Act, which strengthened California's laws protecting employees with health limitations.

The pink accents throughout our logo and website are intentional. They honor the Poppink Act—the 2001 California law that fundamentally strengthened protections for employees whose health affects their work. (What is the Poppink Act?)

January 2026 marks the 25th anniversary of the Prudence Kay Poppink Act. We decided this milestone was the right time to permanently recognize in our branding the law we enforce every day.

California Made Its Protections Stand Out

When the Poppink Act took effect on January 1, 2001, California made a deliberate choice: workers with limiting health conditions would receive broader, more practical protections than federal law provided. The Act rejected the restrictive definitions that had narrowed federal disability law and required employers to engage with employees, accommodate limitations, and problem-solve—rather than default to termination.

California’s protections were designed to pop—to stand out from the inadequate federal framework. Pink Pops is our recognition of that history and our commitment to the law’s continuing purpose.

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Why It Still Matters 25 Years Later

The Poppink Act has been on the books for a quarter-century. Yet many employers still treat its protections as optional.

Workers recovering from surgery still receive “job abandonment” letters. Employees with chronic conditions are still fired for attendance policy violations. Accommodation requests are still ignored or denied without meaningful conversation. The objectives of the Poppink Act–genuine employer engagement, good-faith problem-solving, and recognition that being sick isn’t a performance issue–remain unmet in too many California workplaces.

Our Commitment

The pink in our branding pops. It stands out, just as California’s disability protections were meant to stand out. It’s a daily reminder that the Poppink Act’s promise is still worth fighting for.

For 25 years, we have represented workers fired for being sick, denied accommodation for medical conditions, and retaliated against for requesting their rights under California law. We’ve recovered millions of dollars enforcing our clients’ rights under the Poppink Act.

The pink reminds us of the part we are playing in making the Poppink Act’s promised protections a reality for employees with health limitations.

California made its protections pop in 2001. We’re making sure they still do.

Why the Pink?

We are recognizing the 25th anniversary of the PopPINK Act, which strengthened California's laws protecting employees with health limitations.

Why It Still Matters 25 Years Later

Not sure of your rights? Let us review the facts. You may be surprised to learn what protections California law provides for employees with disabling health conditions.