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Can My Employer Fire Me for Requesting Medical Leave under FMLA or CFRA?
No. An employer cannot legally fire an employee just because they requested or took medical leave to take care of themselves or a close relative. Not only that, but medical leave taken under the FMLA, or California’s similar CFRA law, is job-protected. This means an employee who takes medical leave is entitled to return to their same or equivalent job position after coming back from leave.
Even if you do not qualify for medical leave, because you have worked at your job for less than one year, are part-time, or another reason, employers with at least five employees must evaluate if they can give you extended leave as a reasonable accommodation for your health condition. For example, if you have cancer and have exhausted your medical leave time but need a few more months off for chemo, your employer may be required to extend your medical leave time because cancer qualifies as a disability.
Whether an employer is required to grant extended leave depends on many factors including the nature of your work, the size and resources of the employer, your condition, and how much leave you have taken.
Of course, employers rarely admit to firing an employee because they have taken or need to take medical leave. Your employer may tell you that you are being let go for another reason, such as bad performance or a layoff. If this happens, the question becomes whether the employer’s is giving a false excuse for letting you go. If you have a good performance history before requesting leave and are suddenly written-up and fired for no good reason, then a judge or jury could decide the employer’s reason was false pretext. Or, if you are “laid off” but no one else is let go, or your same or similar job is reposted, then your employer probably had another motive, such as your medical leave. If so, then the employer may be liable for wrongful termination.
If your employer refuses to grant medical leave, or terminates you instead, then you should contact an employment lawyer immediately.
Other Disability & Medical Leave FAQs:
- Am I entitled to leave for a serious family matter?
- Can My Employer Fire Me for Requesting Medical Leave under FMLA or CFRA?
- Do I qualify for a medical leave from work under FMLA or CFRA?
- I was recently injured and need to request an accommodation. Can my employer fire me if I make the request?
- In California, can my employer fire me because of my disability?
- Is my boss allowed to fire me while I am on leave?
- Is my employer required to accommodate my disability?
- Is there a medical exemption to vaccine work requirements?
- Is there a religious exemption to vaccine work requirements?
- My employer denied me the reasonable accommodation I requested due to “undue hardship.” What is undue hardship?
- What counts as a reasonable accommodation?
- What disabilities and conditions are protected?
- What disabilities are covered under California employment discrimination laws?
- What is a “reasonable accommodation” for disability under California employment law?
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Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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