Wrongful Termination After Medical Leave: Understanding Your Rights in California

Medical leave is a lifeline for employees dealing with health challenges, recovery, or caring for a family member. But what happens when you return — and your employer lets you go? Unfortunately, many Californians experience termination after taking medical leave, leaving them wondering if their rights have been violated.

In this guide, we’ll explain how California’s employment and leave laws protect workers, how to spot wrongful termination, and what documentation steps you can take if you suspect retaliation.

(This article is for general information only and not legal advice. If you believe you’ve been wrongfully terminated, consider consulting an employment attorney.)

Understanding Medical Leave Rights in California

California employees benefit from both state and federal medical leave laws, including:

• FMLA (Family and Medical Leave Act): Federal law allowing up to 12 weeks of unpaid, job-protected leave for qualifying medical or family reasons.

• CFRA (California Family Rights Act): State law similar to FMLA, but often broader in who qualifies.

• FEHA (Fair Employment and Housing Act): Prohibits discrimination or retaliation based on disability and requires employers to provide reasonable accommodations, which can include medical leave.

Key Eligibility Requirements

To qualify for job-protected leave under FMLA or CFRA, you generally must:

• Work for an employer with 5 or more employees (for CFRA) or 50 or more employees (for FMLA).

• Have worked for the employer at least 12 months.

• Have logged at least 1,250 hours in the past 12 months.

If you meet these conditions, your employer must allow leave and reinstate you to your position or a comparable role once you return.

When Termination Becomes Wrongful

Not every post-leave firing is illegal — but many are. Wrongful termination happens when your employer’s reason for firing you violates public policy or protected rights.

Common examples include:

• Firing an employee for requesting or taking protected medical leave.

• Terminating a worker who returns from leave with temporary medical restrictions.

• Disguising retaliation as “performance issues” after a leave request.

• Ignoring a doctor’s return-to-work release or refusing to accommodate recovery needs.

Retaliation and Discrimination

Employers can’t punish you for exercising your rights under FMLA, CFRA, or FEHA. This includes firing, demoting, reducing hours, or treating you differently because you took medical leave.

The Role of FEHA: Disability and Reasonable Accommodation

California’s Fair Employment and Housing Act (FEHA) protects employees from discrimination or retaliation due to physical or mental disabilities. It also requires employers to:

1. Engage in a timely, good-faith interactive process to understand your medical limitations.

2. Provide reasonable accommodations, such as flexible schedules, modified duties, or additional time off.

Failing to meet these obligations — or terminating an employee instead — can qualify as wrongful termination under FEHA.

Documentation: Protecting Yourself

Documentation is key in wrongful termination cases. Keeping a clear record helps establish the facts if a dispute arises later.

What to Keep:

• Leave requests and approvals: Emails, HR forms, and doctor’s notes showing your leave was approved.

• Return-to-work documentation: Medical clearances, restrictions, and employer communications.

• Termination notice or HR statements: Save anything that references your firing or performance post-leave.

• Performance records: Prior evaluations that show consistent performance before leave.

• Witness accounts: Colleagues who observed changes in treatment or retaliation can be valuable.

Case Example: A Subtle Form of Retaliation

Let’s consider a real-world scenario (names changed for privacy):

Maria, a customer service representative in Los Angeles, took approved CFRA leave to recover from surgery. Upon returning, her employer reduced her hours and reassigned her duties. A month later, she was fired for “attendance issues” — even though her absences were documented as medical leave.

Under FEHA and CFRA, this pattern — retaliation disguised as discipline — could qualify as wrongful termination.

What To Do If You Suspect Wrongful Termination

If you think your employer fired you unlawfully after medical leave:

1. Gather documentation. Collect all communications, forms, and timelines.

2. Review your company’s policies. Many handbooks outline return-to-work or accommodation processes.

3. Check your eligibility under CFRA or FMLA. Confirm whether your employer meets size and tenure requirements.

4. Act quickly. Employment claims have strict deadlines — sometimes as short as a year to file with the Civil Rights Department (CRD).

5. Consult an employment attorney. A lawyer can help evaluate your case and represent your interests.

Why Employers Get It Wrong

Many terminations after medical leave stem from misunderstandings, poor communication, or non-compliance with complex laws. Common mistakes employers make include:

• Assuming “at-will” employment allows any termination.

• Failing to reassign or accommodate returning employees.

• Penalizing workers for medical absences.

• Ignoring return-to-work doctor’s notes.

• Firing someone under the guise of “business needs” right after leave.

Preventing Problems Before They Happen

Employees can reduce risk by proactively:

• Communicating early and clearly about medical leave needs.

• Providing prompt medical updates if timelines change.

• Requesting accommodations in writing under FEHA if restrictions apply.

• Documenting interactions with HR or supervisors in real time.

Being transparent, professional, and thorough helps create a record that protects your rights — and holds employers accountable.

The Bigger Picture: Health, Humanity, and Law

Medical leave laws reflect a basic principle: no one should lose their job for getting sick, injured, or needing care. Still, enforcement often depends on documentation and awareness.

If you’ve been fired after taking medical leave, know this — you’re not powerless. California law recognizes the importance of recovery, compassion, and fair treatment. You have the right to work, heal, and return without fear of retaliation.

Downloadable Guide: Protecting Your Job After Medical Leave

This free PDF guide outlines your employee rights under CFRA, FMLA, and FEHA — plus key documentation tips to safeguard your position before, during, and after medical leave.

Protecting Your Job After Medical Leave Guide - Download Now

If you believe you were fired after taking medical leave, you may have a case for wrongful termination or retaliation.

JusticeGuys connects you with experienced California employment lawyers who understand the nuances of FEHA, CFRA, and FMLA.

Visit JusticeGuys.com to find the right attorney for your situation — confidentially, quickly, and free.

FAQs

1. Can my employer fire me while I’m on medical leave?
Employers can’t terminate you because you’re on protected leave. However, if legitimate layoffs or restructuring affect your position, the timing must be clearly unrelated to your medical leave.

2. What if my employer says I was fired for poor performance after returning from leave?
If your record shows satisfactory performance before your leave, and issues appeared only afterward, it could indicate retaliation. Keep all records and emails for proof.

3. What’s the difference between FMLA, CFRA, and FEHA?
FMLA and CFRA provide protected leave for serious health conditions or family care. FEHA protects against disability discrimination and retaliation, requiring reasonable accommodations, which may include extended leave.

4. Can I be terminated if I can’t return to work right after my medical leave ends?
Employers must explore reasonable accommodations — such as additional unpaid leave — under FEHA before considering termination.

5. How do I file a complaint if I think I was wrongfully terminated?
You can file a complaint with the California Civil Rights Department (CRD) or the U.S. Department of Labor. It’s best to consult an employment attorney first to ensure your documentation is strong.

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