Medical leave is meant to give employees the time and space to recover from serious health conditions without fear of losing their jobs. But if you’re currently on medical leave—or considering it—you might be wondering, can you be fired while on medical leave in California? The short answer is: not necessarily, but there are important exceptions and nuances to understand.
At Malk Law Firm, we’re committed to helping California workers understand their rights under state and federal employment laws. In this blog, we’ll walk you through when medical leave is protected, situations where termination might still occur, and what to do if you suspect your rights have been violated.
Understanding Medical Leave Laws in California
California offers some of the strongest employee protections in the country when it comes to taking time off for medical reasons. Depending on your situation, you may qualify for protected leave under:
- The Family and Medical Leave Act (FMLA)
- The California Family Rights Act (CFRA)
- The Pregnancy Disability Leave (PDL)
- The Fair Employment and Housing Act (FEHA)
Let’s take a closer look at each one.
FMLA and CFRA
Both the FMLA and CFRA allow eligible employees to take up to 12 weeks of unpaid leave per year for serious medical conditions, to care for a family member, or for bonding with a new child. To qualify, you must have worked for your employer for at least 12 months and logged at least 1,250 hours in the past year. Additionally, the company must employ 50 or more people within a 75-mile radius.
During this time, your job is generally protected, meaning your employer must return you to the same or a comparable position once your leave ends.
Pregnancy Disability Leave (PDL)
PDL provides up to four months of leave for those disabled by pregnancy, childbirth, or a related medical condition. This is separate from FMLA or CFRA leave, which means some employees can qualify for additional leave time after PDL ends.
Reasonable Accommodation Under FEHA
California’s FEHA requires employers to provide reasonable accommodations, which can include additional unpaid leave, for employees with disabilities—even after their FMLA or CFRA leave is exhausted. This law applies to employers with five or more employees, making it more inclusive than the federal standard.
So, Can You Be Fired While on Medical Leave in California?
Here’s the truth: you cannot be fired simply for taking medical leave that is protected under these laws. If your employer lets you go just because you exercised your right to take leave, that could constitute wrongful termination or retaliation, both of which are unlawful.
However, there are some important exceptions to consider.
When Termination During Medical Leave May Be Legal
Although your medical leave is often protected, it doesn’t grant you total immunity from being fired. There are situations where termination can occur legally even while you’re away on leave. These include:
1. Company-Wide Layoffs or Restructuring
If your employer conducts a mass layoff or closes a department while you’re on leave, your job could be eliminated as part of a broader business decision—as long as you would have been let go regardless of your leave.
2. Violation of Company Policies
If it’s discovered during your leave that you’ve violated company rules—such as committing fraud or misconduct—you can still be terminated, even while on leave.
3. Exhausting Protected Leave
Once you’ve used up your FMLA or CFRA leave, your job protection ends. However, under California law, you may still be entitled to additional leave as a reasonable accommodation if your medical condition qualifies as a disability.
4. Honest Business Reasons
If your employer can prove that the termination was based on legitimate business needs unrelated to your leave—like poor performance, chronic lateness before your leave, or eliminating your position—they might be within their rights to terminate.
The key is documentation and timing. If you were a model employee and then suddenly fired after requesting or taking leave, it could indicate unlawful retaliation.
Red Flags to Watch For
If you’re asking yourself, can you be fired while on medical leave, it’s wise to pay attention to how your employer handles your leave request and your status while you’re away. Some warning signs of illegal behavior include:
- Being pressured not to take leave
- Receiving threats or warnings about job security after applying for leave
- Being excluded from communication or updates about your position
- Sudden changes in job duties or demotions after returning
These behaviors may be evidence of discrimination, retaliation, or wrongful termination.
What to Do If You Were Fired on Medical Leave
If you believe you were fired because you took medical leave, you may have legal grounds to take action. Here are a few important steps:
1. Document Everything
Keep detailed records of all communication with your employer—especially emails, performance reviews, medical leave requests, and any notice of termination. These can help prove a connection between your leave and the firing.
2. Contact a California Employment Attorney
Navigating employment law in California can be tricky. A qualified attorney can review your situation and determine if your termination violated any state or federal laws.
At Malk Law Firm, we work with employees across California to fight for their rights and seek justice when those rights are violated.
Final Thoughts
So, can you be fired while on medical leave in California? Generally, no—unless your employer has a valid, lawful reason unrelated to your leave. But unfortunately, not all companies follow the rules. That’s why it’s crucial to understand your rights and get legal support if you believe something isn’t right.
If you were recently fired while on medical leave or are concerned about job security as you prepare to take time off, Malk Law Firm is here to help. We can evaluate your case, explain your options, and fight for the protection and compensation you may be entitled to under California law.
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