Is it Legal to be Fired While on Medical Leave?
Medical leave is a leave of absence that an employee takes to deal with the effects of a health condition. In California, a worker may be legally entitled to guaranteed medical leave. This raises an important question of if your employer can fire you while you are out on medical leave. Technically speaking, the answer is yes. This is only true, though, if the reason for termination is wholly unrelated to the medical leave. In this article, our Oakland employment lawyers explain the most important things workers need to know about state and federal medical leave laws.
California: State and Federal Laws Provide Eligible Workers Job-Protected Medical Leave
Medical leave is complicated. An employee may be entitled to take leave offered through an employer’s voluntary benefits program, under federal law, under state law, or under some combination of the bunch. Medical leave may either be paid or unpaid. Here are the key things you should understand about the federal and state medical leave laws::
- Federal Law: Family and Medical Leave Act (FMLA) guarantees certain employees job-protected medical leave to deal with a qualifying health condition. FMLA leave is unpaid and can last for a maximum duration of 12 weeks.
- State Law: California’s Family Rights Act (CFRA) is essentially a state version of the federal FMLA. Once again, medical leave granted under the CFRA is job-protected. An employer cannot fire you simply because you CFRA leave.
Workers Can Still Be Terminated — But Only for a Wholly Unrelated Reason
Under the FMLA, CFRA, and other regulations, an employee may be eligible for job-protected medical leave to deal with a serious health condition. In effect, this means that your employer cannot fire you because you exercised your right to take a medical leave of absence. However, this does not mean that you cannot be fired under any circumstances.
Employers can still take an adverse personnel action, including termination, against employees who are on medical leave or family leave. However, they can only do so if they have valid grounds to fire that work that is wholly unrelated to the fact that they took or are taking medical leave.
Employers May Use Pretextual Reasoning to Punish Workers on Medical Leave
Unfortunately, some employers in the Bay Area offer pretextual (false) reasons for terminating workers who are on medical leave. This is illegal. If you were fired and the fact that you took medical leave influenced your employer’s decision, you should consult with an experienced California wrongful termination lawyer right away. Your rights may have been violated.
Frequently Asked Questions About Being Fired While On Medical Leave
Can I Be Fired While on Medical Leave?
Yes, you can be fired while on medical leave, but it depends on the reason. Employers cannot fire you for taking medical leave, but they can terminate your employment for other legitimate reasons, such as performance issues or company-wide layoffs.
What Protections Do I Have?
Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to up to 12 weeks of unpaid leave for medical reasons, and their job is protected during this time. The Americans with Disabilities Act (ADA) also provides protections for employees with disabilities, requiring employers to provide reasonable accommodations, including medical leave.
What Should I Do If I’m Fired While on Medical Leave?
If you believe you were fired because of your medical leave, you may have grounds for a wrongful termination claim. It’s important to document everything, including your medical leave request, any communications with your employer, and the reasons given for your termination. Consulting with an employment attorney can help you understand your rights and options.
How Do I Know If I’m Eligible for FMLA or ADA Protections?
To be eligible for FMLA leave, you must work for a covered employer (with 50 or more employees), have worked at least 1,250 hours in the past 12 months, and have been employed for at least one year. For ADA protections, you must have a disability as defined by the ADA and be able to perform the essential functions of your job with reasonable accommodations.
What Are My Next Steps?
If you’ve been fired while on medical leave, consider the following steps:
- Review your employment contract and company policies to understand your rights and any relevant procedures.
- Document everything related to your medical leave and termination.
- Consult with an employment attorney to discuss your situation and explore potential legal actions.
- File a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC), if you believe your rights have been violated.
Get Help From a Bay Area Employment Lawyer Today
At Bracamontes & Vlasak, our California employment attorneys are skilled, justice-focused advocates for our clients. If you or your loved one was terminated while on medical leave, we are here to help. Give us a call at 415-835-6777 now or use our online contact form to set up a free, confidential initial consultation. We provide employment law services throughout the Bay Area, including Oakland, San Francisco, San Jose, Alameda, Mountain View, Palo Alto, and Sunnyvale.
(Updated 10/28/2024)
