Can My Employer Fire Me While I'm on Medical Leave in California?

You shouldn't have to worry about losing your job while you recover or care for a family member. In California, the law is on your side: your employer generally cannot fire you because you took protected medical leave.

That doesn't mean every termination during leave is illegal. But employers sometimes point to a layoff, a restructuring, or performance to cover up a firing that was really about your leave.

At Laurel Employment Law, we fight only for workers, never for employers. Here is what we want every California employee on leave to know.

When Is Medical Leave Protected in California?

Several laws may protect you, and more than one can apply at the same time:

• California Family Rights Act (CFRA): Provides up to 12 weeks of job-protected leave for your own serious health condition or to care for a family member. It applies to employers with five or more employees, and you generally must have worked for the employer for at least 12 months and at least 1,250 hours in the past year.
• Family and Medical Leave Act (FMLA): The federal counterpart, which applies to larger employers (generally 50 or more employees).
• Pregnancy Disability Leave (PDL): Provides up to four months of leave if you're disabled by pregnancy, childbirth, or a related condition. If this applies to you, see our page on pregnancy discrimination.
• Leave as a reasonable accommodation: Under California's Fair Employment and Housing Act (FEHA), additional leave may be required as an accommodation for a disability, even if you don't qualify for CFRA or FMLA. Learn more about disability discrimination and failure to accommodate.

Can My Employer Fire Me While I'm on Leave?

Not because of the leave. Your employer cannot lawfully fire, demote, or otherwise punish you for requesting or taking protected leave. You also generally have the right to return to the same or a comparable position when your leave ends.

That said, taking leave doesn't make you untouchable. An employer may still be able to end your employment if the reason is legitimate and unrelated to your leave, such as:

• A genuine layoff or company-wide restructuring that would have included you anyway
• Misconduct or performance problems that were documented before you requested leave
• Your position being eliminated for business reasons that have nothing to do with your absence

In these situations, the employer typically has to show it would have made the same decision even if you had never taken leave. Timing matters, and so does consistency. If you were fired shortly after announcing a medical condition or requesting leave, that is worth a closer look.

Warning Signs Your Termination May Be Unlawful

Every case is different, but these red flags often point to a problem:

• You were fired shortly after requesting leave, or soon after returning
• Your performance reviews were fine until you disclosed your medical condition
• Your employer gave shifting or vague reasons for the termination
• You were told your job was "eliminated," but someone else took over your duties or the position was refilled
• You were pressured to come back early or discouraged from taking leave
• Coworkers who didn't take leave and had similar issues weren't disciplined
• Your employer denied your leave request, or failed to tell you about your rights

What Are Your Legal Claims?

Depending on the facts, firing someone over medical leave may support several claims, including:

• CFRA or FMLA interference, when an employer denies or discourages protected leave
• Workplace retaliation, when you're punished for requesting or taking leave
• Disability discrimination or failure to accommodate under FEHA
• Wrongful termination, which can cover a firing that violates public policy

What to Do If You Think You Were Fired Unlawfully

1. Get your termination reason in writing, if possible, and save any emails or messages about it.
2. Save your leave paperwork, including your request, doctor's notes, approval letters, and any communications about your return date.
3. Collect records of your work history, such as performance reviews, commendations, and pay records.
4. Write down a timeline of when you disclosed your condition, requested leave, and were terminated, along with who said what.
5. Be careful with severance agreements. Signing one may waive your claims, so have it reviewed before you sign. Our page on severance agreement disputes explains more.
6. Don't delay. Deadlines apply, and in many cases you generally have three years to file a complaint with the California Civil Rights Department (CRD). Some claims have shorter deadlines, and evidence is easier to preserve when you act sooner.

When to Talk to an Employment Attorney

You don't need to have everything figured out to get help. If you were fired while on leave, soon after returning, or after asking for time off, an employment attorney can review what happened, explain whether your termination was unlawful, and help you understand your options.