Can A California Employee Be Fired After Getting Sick?

HOME > CALIFORNIA EMPLOYMENT LAW > MEDICAL LEAVE VIOLATIONS

Edited March 2026

Many employees hesitate to tell their employer they need time off for medical reasons. Sometimes that hesitation comes from uncertainty about how the employer will react, and in other cases, it stems from not fully understanding the available legal protections. Questions like those addressed in our article, “Can I get fired for calling in sick?” come up frequently, especially when employees are trying to balance their health with job security.

While California is an at-will employment state, meaning an employer can generally end the employment relationship at any time, that rule has significant limitations.

Employers cannot terminate an employee for unlawful reasons, including taking protected sick leave, requesting medical leave, or because of a health condition or disability. These protections arise under a combination of California and federal laws, including FEHA, CFRA, and FMLA, depending on the situation.

If you were terminated after calling in sick, requesting time off, or disclosing a medical condition, it is important to look closely at the timing, the employer’s stated reasons, and any documentation you have. Understanding how these laws apply to your specific circumstances is the first step in determining whether your rights may have been violated and what options may be available to you.

Medical Condition Discrimination Is Prohibited

California law prohibits employers from making employment decisions based on an employee’s disability, medical condition, or temporary incapacity. This includes decisions involving hiring, termination, promotions, demotions, compensation, and job assignments.

These protections apply even in workplaces where employees are classified as at-will employees. While at-will employment allows employers broad discretion to terminate employment, it does not permit termination for unlawful reasons such as discrimination or retaliation.

Several federal and state laws protect employees facing medical challenges.

Federal Leave Protections Under the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA), enforced by the United States Department of Labor, provides eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period for certain qualifying situations.

These situations include:

• The birth or adoption of a child

• A serious health condition affecting the employee

• Caring for a spouse, child, or parent with a serious health condition

In certain military-related circumstances, eligible employees may take up to 26 weeks of leave within a single year to care for a service member who has suffered a serious injury or illness while on active duty.

While FMLA leave is generally unpaid, it provides job protection and continuation of group health insurance coverage during the leave period.

The Americans with Disabilities Act

Another important federal law is the Americans with Disabilities Act (ADA). This law prohibits employers from discriminating against qualified employees with disabilities.

Under the ADA, a disability is typically defined as a physical or mental impairment that substantially limits one or more major life activities. Employers must provide reasonable accommodations that allow a qualified employee to perform the essential functions of their job unless doing so would create an undue hardship for the employer.

Reasonable accommodations may include adjustments to work schedules, modifications to workspaces, or temporary medical leave.

Paid Family Leave in California

California has additional protections that complement federal leave laws. One of the most significant programs is Paid Family Leave (PFL).

Paid Family Leave provides partial wage replacement for eligible workers who take time off to care for a qualifying family member or to bond with a new child.

Employees may receive a portion of their wages for up to eight weeks within a twelve-month period. Funding for Paid Family Leave benefits comes from payroll deductions through California’s State Disability Insurance system.

Common reasons for Paid Family Leave include:

• Bonding with a newborn, adopted child, or foster child

• Caring for a seriously ill parent, spouse, child, or registered domestic partner

It is important to understand that Paid Family Leave replaces a portion of wages but does not automatically guarantee job protection. Job protection may come from other laws, such as the FMLA or the California Family Rights Act.

When Termination May Still Be Lawful

Even with these protections, not every health-related termination is illegal. Employers may lawfully terminate employees in certain situations.

For example, termination may occur if:

• The employee cannot perform essential job duties even with reasonable accommodations

• The employee fails to return to work after protected leave ends

• The employer can demonstrate a legitimate, non-discriminatory reason for the termination

However, firing an employee for requesting medical leave, filing a medical accommodation request, or disclosing a medical condition may violate employment laws.

Retaliation for Taking Protected Leave

Both federal and California laws prohibit retaliation against employees who exercise their legal rights.

Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activities. These actions may include termination, demotion, pay reductions, or other negative employment consequences.

Examples of potential retaliation include:

• Firing an employee for requesting medical leave

• Demoting an employee after returning from protected leave

• Reducing pay or job responsibilities after a medical absence

• Creating a hostile work environment because of a medical condition

In California, retaliation claims may arise under several laws, including the Fair Employment and Housing Act (FEHA).

The Interactive Process and Reasonable Accommodation

When an employer becomes aware that an employee has a disability or medical limitation affecting their work, the employer must engage in a “good-faith interactive process.” This means the employer and employee must work together to determine whether a reasonable accommodation is possible.

The goal of this process is to identify adjustments that allow the employee to perform essential job duties without imposing an unreasonable burden on the employer.

Examples of accommodations may include:

• Modified work schedules

• Temporary leave

• Adjustments to job duties

• Workplace accessibility modifications

If an employer refuses to participate in this interactive process or fails to consider reasonable accommodations, the employer may be violating California law.

Filing a Claim for Medical Discrimination

Employees who believe they were terminated because of a medical condition or because they requested protected leave may have the right to pursue legal action.

Depending on the circumstances, claims may involve violations of:

• The Family and Medical Leave Act

• The Americans with Disabilities Act

• The California Family Rights Act

• The Fair Employment and Housing Act

These claims often begin with an administrative complaint filed with the appropriate government agency before a lawsuit can proceed.

Potential Compensation in Wrongful Termination Cases

Employees who successfully prove unlawful termination may be entitled to several types of damages.

Possible compensation may include:

• Lost wages and benefits

• Emotional distress damages

• Reinstatement to a former position

• Punitive damages in certain cases

• Recovery of attorney’s fees under certain statutes

The purpose of these remedies is to compensate employees for financial and personal harm resulting from unlawful employment actions.

Deadlines for Filing Claims

Claims involving FMLA violations generally must be filed within two years of the alleged violation. If the violation is considered willful, the statute of limitations may extend to three years.

Other claims under California law may have different filing deadlines, and in many situations, employees must first file a complaint with a state or federal agency before bringing a lawsuit.

Because these deadlines can vary depending on the circumstances, employees should seek legal guidance promptly if they believe their rights have been violated.

Understanding Your Employment Rights

Losing a job can be a stressful and uncertain experience, particularly when health concerns are involved. The financial impact, the disruption to your routine, and the question of what comes next can feel overwhelming, especially if your termination followed a request for sick leave or a medical issue. While California’s at-will employment system gives employers broad authority to make personnel decisions, that authority is not without limits.

Employers cannot terminate employees for unlawful reasons. This includes discrimination based on a medical condition or disability, retaliation for using protected sick leave, requesting medical leave, or asserting rights under laws such as the Healthy Workplaces, Healthy Families Act, the California Family Rights Act, and the Fair Employment and Housing Act. In many cases, what appears on the surface to be a routine termination may, upon closer review, involve timing, inconsistencies, or patterns that point to an unlawful motive.

Understanding how these laws interact is often the first step in determining whether your termination crossed a legal line. This means looking at the sequence of events, how your employer responded to your request for leave, whether policies were applied consistently, and what documentation supports your position. Emails, text messages, attendance records, and performance reviews can all become important pieces of evidence in evaluating a potential claim.

If you believe your termination was connected to a medical issue or your use of protected leave, taking prompt, informed action is critical. There are strict deadlines for these claims, and early evaluation can make a meaningful difference in preserving your rights and options. Even when the situation is not immediately clear, gaining a better understanding of the legal framework can help you move forward with greater confidence and clarity.

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