If you’ve ever found yourself in a situation where you’re unable to work due to a medical condition, the protection of your job becomes a significant concern. In many instances, taking medical leave is a necessary step to heal and recover. But what if you’re fired while on medical leave? Does the law allow an employer to terminate your employment under these circumstances? Can you take legal action if it happens?
Understanding Medical Leave in California
In California, employees have strong legal protections when it comes to taking medical leave. The state’s laws, such as the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), provide workers with the right to take time away from work due to serious health conditions or to care for a family member with a serious health condition.
Under both CFRA and FMLA, eligible employees are entitled to take up to 12 weeks of unpaid leave per year. This time is protected, meaning your employer cannot fire you for taking medical time off. However, there are certain requirements for eligibility under both laws, including a minimum duration of employment and the size of the company.
Can You Be Fired While on Medical Leave?
The short answer is no – you cannot legally be fired just for taking leave if your time off is protected under CFRA or FMLA. However, there are exceptions and nuances to this rule that are important to understand.
First, the absence must meet the legal requirements outlined by CFRA or FMLA. This means the medical condition must be serious, the employer must have a certain number of employees (at least 50 for FMLA protection), and you must have been employed for a certain period (at least 12 months for FMLA and 1,250 hours worked for FMLA).
If these conditions are met, your job is generally protected during your time away, meaning your employer cannot terminate you because you took leave. However, your employer may have the right to terminate you for other reasons, such as:
- Business-related issues: Your employer might need to reduce the workforce due to financial difficulties or restructuring. If you are part of a layoff, this could occur even if you’re taking protected times.
- Failure to meet job performance standards: If your employer can demonstrate that you were not performing your job adequately before taking medical time and the termination is unrelated to your absence, they may still have grounds for firing you. However, they must provide evidence to support this claim.
- Violation of company policies: If you violated company policies or engaged in misconduct before taking leave, you could still be terminated, even if you are permitted to be absent. Again, the termination must be based on valid reasons unrelated to your medical condition.
Retaliation and Discrimination Laws
California has specific laws that protect employees from retaliation or discrimination in the workplace. This means that even if your employer can justify terminating you for business-related reasons or misconduct, they cannot fire you simply because you took time off for health reasons.
Retaliation occurs when an employer punishes an employee for exercising their legal rights, such as taking protected medical time. Suppose you believe your termination was due to retaliation for requesting time off for medical reasons. In that case, you may have grounds for a wrongful termination lawsuit.
California law also prohibits discrimination based on disability. If your medical condition qualifies as a disability under the Americans with Disabilities Act (ADA) or the California Fair Employment and Housing Act (FEHA), your employer must provide reasonable accommodations for your condition, which may include extending your medical leave or providing alternative work. Firing you for taking time off when you have a disability could constitute disability discrimination.
What to Do If You’re Fired While on Medical Leave
If you’ve been fired while on protected leave, there are several steps you should take to protect your rights.
- Review your company’s policies: Your employer should have written policies regarding medical needs, including information on how much leave is allowed, how to request time off for health reasons, and the conditions under which an employee can be terminated. Reviewing these policies can give you an understanding of whether your firing was in violation of company rules.
- Determine if you were eligible for protected leave: Ensure that you met the eligibility requirements for CFRA or FMLA time off. If you were eligible for protected leave, and your employer fired you for taking this time, you may have a claim for wrongful termination.
- Gather evidence: If you suspect that you were fired because of your health needs, start collecting evidence that shows your employer’s actions were discriminatory or retaliatory. This could include email communications, written policies, or witness testimony from coworkers who may have observed your situation.
- Contact a California employment lawyer: If you believe you were wrongfully terminated or subjected to discrimination or retaliation while on leave, it is important to seek legal advice. An experienced employment attorney can help you understand your rights and determine the best course of action, whether it’s filing a complaint with the California Civil Rights Department (CRD) or pursuing a lawsuit for wrongful termination.
If your case is strong, you may be able to file a wrongful termination lawsuit. This could lead to compensation for lost wages, damages for emotional distress, and other legal remedies. A knowledgeable lawyer will help you navigate this process.
Professional Help for Wrongful Termination and Retaliation
While it may be unsettling to think about being fired while on leave, California offers substantial protections for employees who need to take time off for medical reasons. If you’re eligible for medical leave under CFRA or FMLA, your employer cannot fire you simply for exercising your rights. However, if you believe your firing was discriminatory or retaliatory, you have legal avenues to pursue justice.If you need help navigating a wrongful termination claim or believe you’ve been fired while on medical leave, contact the Law Offices of Todd M. Friedman, P.C., today. Our experienced employment attorneys are here to guide you through the legal process and fight for the justice you deserve.
