How FEHA and FMLA Protect You From Retaliation After Medical Leave
- JC Serrano | Founder - LRIS # 0128
- Oct 15, 2025
- 5 min read
Updated: Mar 29
Last updated: March 2026 — Reflects CFRA, FMLA, PDL, and FEHA regulations in effect as of January 1, 2026
Losing your job after taking medical leave can be devastating. You may feel betrayed, confused, and unsure whether your employer’s actions were lawful. Under California employment law, firing an employee after they take medical or family leave can be considered wrongful termination — particularly if it violates the California Fair Employment and Housing Act (FEHA) or the federal Family and Medical Leave Act (FMLA).
Both FEHA and FMLA are designed to protect employees during vulnerable moments—when they are dealing with serious health conditions, caring for family members, or recovering from medical events. These laws don’t just provide time off; they also protect your right to return to your job without punishment. That includes protection from termination, demotion, reduced hours, or any adverse action tied to your leave.
However, the legal landscape is not always straightforward. Not every termination that follows medical leave is unlawful. Employers may still make legitimate business decisions, and they often rely on those explanations when defending against claims. The challenge lies in determining whether the employer’s stated reason is genuine—or a pretext for retaliation or discrimination.
This is where understanding the interplay between FEHA and FMLA becomes critical. While both laws offer job-protected leave, they operate differently, cover different employers and circumstances, and provide distinct legal remedies. In many cases, they overlap—creating layered protections that can strengthen an employee’s claim when violated.
In this article, we break down how FEHA and FMLA protect you from retaliation after medical leave, how to recognize when a termination crosses the line, and what evidence matters most when evaluating whether your rights were violated under California and federal law.
Legal Protections for Employees on Medical Leave
The Federal Family and Medical Leave Act (FMLA)
The FMLA is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave per year for specific medical or family reasons, including:
A serious health condition that makes you unable to perform your job
Caring for a spouse, child, or parent with a serious health condition
The birth or adoption of a child
To qualify, you must have worked for your employer for at least 12 months, logged 1,250 hours in the past year, and work at a location with 50 or more employees within a 75-mile radius.
Employers covered by FMLA are legally prohibited from retaliating against employees who take protected leave. This means your employer cannot fire, demote, or penalize you simply because you exercised your right to medical leave.
The California Fair Employment and Housing Act (FEHA)
California’s FEHA (Gov. Code §12940 et seq.) goes further than the FMLA by protecting employees from discrimination and retaliation based on disability or medical condition, regardless of company size (five or more employees).
Under FEHA, employers must:
Provide reasonable accommodations to employees with medical conditions or disabilities
Engage in an interactive process to determine feasible accommodations
Avoid terminating or disciplining employees due to a medical condition or time off related to a disability
If your employer refused to accommodate your recovery period, failed to communicate about your return, or terminated you instead of providing additional leave or adjustments, this may constitute a FEHA violation.
When Termination Becomes “Wrongful”
Not every firing after medical leave is automatically illegal. Employers are still allowed to terminate employees for legitimate, non-discriminatory reasons, such as layoffs or documented poor performance — as long as those reasons are unrelated to your medical condition or leave.
However, under California wrongful termination laws, a firing may be unlawful if:
The termination occurred immediately after the request or return from leave.
Your employer expressed frustration or made negative remarks about your medical absence.
You were replaced while still on leave without prior discussion or notice.
Your employer failed to engage in the interactive process before deciding to terminate you.
You were not reinstated to your previous or equivalent position after FMLA leave.
California courts often look at timing, documentation, and employer conduct to determine whether the firing was retaliatory. For example, in Faust v. California Portland Cement Co. (2007) 150 Cal.App.4th 864, the court found that an employer’s failure to reinstate an employee after protected medical leave could constitute retaliation under FEHA.
How to Prove Wrongful Termination After Medical Leave
If you suspect your firing was illegal, you’ll need to demonstrate a causal connection between your medical leave and your termination. Key evidence can include:
Emails or texts showing your employer’s reaction to your leave request
Timing of the termination compared to your leave
HR records showing inconsistencies in stated reasons for your dismissal
Witness statements from colleagues
Medical documentation confirming your need for leave
California’s Department of Fair Employment and Housing (DFEH), now known as the Civil Rights Department (CRD), and the U.S. Department of Labor (DOL) both handle retaliation and discrimination claims under these laws.
4. Filing a Complaint or Lawsuit
Filing with the Civil Rights Department (CRD)
If your claim involves FEHA protections, you must first file a complaint with the California Civil Rights Department before pursuing a lawsuit.
Deadline: Within three years of the alleged violation.
Process: File online at calcivilrights.ca.gov.
Once the CRD issues a “right-to-sue” letter, you can proceed with a civil lawsuit seeking back pay, reinstatement, emotional distress damages, and potentially punitive damages.
Filing with the U.S. Department of Labor (DOL)
For FMLA violations, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor.
Deadline: Two years (three if willful).
Remedies may include reinstatement, lost wages, and attorney’s fees.
5. Actionable Steps if You Were Fired After Medical Leave
Document Everything – Keep copies of your medical leave requests, employer responses, and any communication surrounding your termination.
Request Written Reasons – Ask HR to provide a written explanation of your termination to verify whether their justification aligns with legal grounds.
Consult a California Employment Attorney – A lawyer can evaluate whether your situation falls under FEHA or FMLA protections and file a timely claim on your behalf.
Frequently Asked Questions
Can I be fired while on medical leave?
Technically, yes — but only for reasons unrelated to your medical condition or leave. If the firing is connected to your protected leave, it may violate FEHA or FMLA.
What if I worked for a small business?
You may still be protected under FEHA, which applies to employers with five or more employees, even if FMLA does not.
Do I need medical documentation?
Yes. Always maintain written proof of your medical condition and leave authorization. Employers are entitled to request reasonable certification.
Key Takeaways
Both FEHA and FMLA protect California employees from retaliation or termination after taking legitimate medical leave.
Firing an employee for requesting or taking protected leave may constitute wrongful termination under state or federal law.
Strong documentation, consistent timelines, and legal consultation are crucial to proving retaliation or discrimination.
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Disclaimer
This fact sheet is intended to provide general and accurate information about employment-related legal rights in California. However, laws and procedures can change frequently and may be interpreted differently depending on the circumstances. 1000Attorneys.com does not guarantee that the information provided reflects the most current legal developments and is not responsible for how it is used. You should not rely solely on this content to make legal decisions. For guidance specific to your situation, consult a qualified attorney through a referral or contact the appropriate government agency.
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