Fired After Taking Medical Leave? What You Need to Know About California’s Protections

Introduction

Imagine this: you’ve taken time off from work due to a serious health condition or to care for a loved one. You follow all the proper steps, provide documentation, and take your leave under California law. Then, shortly after returning—or even while still on leave—you’re fired.

If this sounds familiar, know this: California has some of the strongest job protection laws in the country when it comes to medical leave. Being fired for taking protected medical leave is not only unfair—it may also be illegal.

In this guide, we’ll break down what your rights are, what laws apply, and what steps you can take if you believe you were wrongfully terminated after taking medical leave in California.

Understanding Medical Leave in California

California employees are protected by multiple overlapping laws that allow them to take job-protected medical leave:

1. California Family Rights Act (CFRA)

2. Federal Family and Medical Leave Act (FMLA)

3. Pregnancy Disability Leave (PDL)

4. Fair Employment and Housing Act (FEHA)

5. Workers’ Compensation laws (if injury or illness is work-related)

Each of these laws has slightly different qualifications, but they all share a central goal: to allow you time off for health reasons without fear of losing your job.

CFRA and FMLA: The Backbone of Medical Leave Protection

Under CFRA and FMLA, eligible employees are entitled to:

• Up to 12 weeks of unpaid leave per year

• Continued health insurance during leave

• Job reinstatement to the same or a comparable position

To qualify:

• Your employer must have 5+ employees (CFRA) or 50+ employees (FMLA)

• You must have worked for the employer for at least 12 months

• You must have worked at least 1,250 hours in the prior 12 months

What Happens If You’re Fired After Medical Leave?

If your employer fires you because you took, requested, or were about to take medical leave, it may qualify as:

• Retaliation

• Wrongful termination

• Disability discrimination (if you were recovering from a disability)

Example:

You went on leave after a surgery and were told your position would be waiting for you. You return after 8 weeks and are told your job was eliminated—yet someone else is now doing your job. This is a red flag.

Common Employer Excuses (and How to Spot Retaliation)

Employers rarely say, “We’re firing you for taking medical leave.” Instead, they often try to mask it as:

• Poor performance

• Job restructuring

• Budget cuts

• “Position elimination”

But if the timing of your termination closely follows your medical leave—or if there were no previous complaints about your work performance—your firing may be retaliatory and illegal.

California’s FEHA and Disability Protection

The Fair Employment and Housing Act (FEHA) protects employees from discrimination based on disability or perceived disability. If your medical condition qualifies as a disability under FEHA (temporary or long-term), your employer must:

• Provide reasonable accommodations (including medical leave)

• Engage in an interactive process to explore ways to keep you employed

• Avoid any adverse employment action, including firing, based on your condition

Failure to do any of the above may open them up to a lawsuit.

Can You Be Fired While Still on Medical Leave in California?

Yes—but only under specific circumstances that are unrelated to the leave itself. For example:

• A company-wide layoff

• Documented, ongoing misconduct or fraud

• Business closure

However, your employer must prove that the reason for termination had nothing to do with your medical leave. Otherwise, you may have a strong claim for wrongful termination.

What to Do If You Were Fired After Medical Leave

1. Gather Documentation

• Copies of leave request forms and approval letters

• Medical certifications

• Emails or texts discussing your leave

• Termination letter or email

• Performance evaluations (especially if positive)

2. Create a Timeline

List key events: when you requested leave, started leave, returned, and when you were terminated. Timing can make or break your case.

3. File a Complaint

You may file a complaint with:

• California Civil Rights Department (CRD) – for retaliation or FEHA violations

• U.S. Department of Labor – for FMLA violations

4. Speak to an Employment Lawyer

An experienced California employment lawyer can help you:

• Evaluate your claim

• Estimate potential damages (lost wages, emotional distress, attorney fees)

• File a lawsuit if needed

At 1000Attorneys.com, we can connect you with a pre-screened wrongful termination lawyer in California—often within minutes.

Damages You May Be Entitled To

If your case is successful, you may recover:

• Back pay (lost wages and benefits)

• Front pay (future lost income)

• Emotional distress damages

• Attorney’s fees and costs

• Punitive damages (in cases of egregious misconduct)

Final Thoughts

Losing your job after taking medical leave is not just stressful—it might be illegal. California laws offer powerful protections for workers who need time to care for themselves or their loved ones.

If you were fired after taking—or even requesting—medical leave, you don’t have to face it alone. Document everything, act quickly, and seek legal advice to protect your rights and potentially recover what you’re owed.

Need help? Start with a free case review through 1000Attorneys.com. Our service is fast, secure, and designed to connect California residents with the right employment lawyer for their case.