Can You Be Fired for Taking Medical Leave in California?

When a medical emergency happens, a worker must often ask, “Can I be fired for taking medical leave in California?” If your employer has made you feel threatened or has fired you for taking a medical leave, you may be able to pursue a legal case. Be sure to hire a wrongful termination lawyer to understand your legal rights under federal and state law.

Choose a Skilled Employment Attorney in California

For over 25 years, Esperanza Anderson has fought tirelessly for her clients. She has a niche focus on employment law and has won over $15 million for her clients. We offer confidential consultations at our Pasadena office, located in Los Angeles County. When you come into our office, you’ll be able to explain your situation in full detail, as well as your desired case outcome.

From there, Ms. Anderson can offer transparent legal advice. She believes in giving her clients the knowledge they need so they can make informed decisions regarding their case. Throughout the entirety of legal proceedings, you’ll work directly with Esperanza Anderson, who is bilingual and offers these services to new clients who are more comfortable communicating in Spanish.

The Law That Protects California Workers

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are laws that allow employees who are eligible to take leave (unpaid) while keeping their jobs. These laws help employees when they need to take periods of time off so they can:

• Care for their own health
• Care for a seriously ill family member
• Bond with a new child
• Handle certain events pertaining to the military deployment of a family member

In California, employees who have worked at least 12 months for their employer and have worked at least 1,250 hours in the last year can take up to approximately three months (12 weeks) of unpaid family care and medical leave in a 12-month period.

Eligible employees are guaranteed to return to the same or a similar job when their leave ends.

Further Rules Surrounding Medical Leave

There are specific steps that need to be taken to ensure legal compliance when taking a medical leave. Employees should:

• Give reasonable notice if the leave is foreseeable
• Try to schedule planned medical treatments to minimize disruption to work

Employers can require a doctor’s letter to support the need for leave, either for the employee’s own health condition or to take care of a family member.

Employers can also require a doctor’s note when an employee is ready to return to work.

Steps to Take if You’ve Been Unlawfully Terminated for Taking a Medical Leave

It’s illegal for an employer to fire, discipline, or discriminate against an employee who takes a medical leave. Employers can’t interfere with an employee’s right to use this leave. However, even under this protection, employees often face unlawful termination. This is considered retaliation. There were 2,592 counts of workplace retaliation in California in 2024. California workers who have been unlawfully fired can either:

1. File a complaint with the state’s Civil Rights Department (CRD), which will investigate the matter. In 2022, there were 4,813 cases pursued by the CRD. Six thousand one hundred eighty-nine cases were filed by employees facing violations of the California Family Rights Act.
2. File a complaint with the CRD, along with a right-to-sue notice. This notice allows you and your lawyer to pursue a legal claim in court. However, if you file for this, the CRD won’t investigate your claim internally.

FAQs

What Happens to My Health Insurance if I Take a Family and Medical Leave?

During a family and medical leave, your employer must continue to provide your health insurance coverage for up to approximately three months (12 weeks), just as if you were actively working. This means your medical, dental, and vision benefits under a group health plan remain in effect while you are on leave.

You may also have the option to use any accrued paid time off to continue receiving pay during your absence. How these paid leave options apply depends on your employer’s policies.

Is Disability Insurance and Paid Family Leave the Same as the Family and Medical Leave Act and the California Family Rights Act?

Disability insurance and Paid Family Leave (PFL) are different from the FMLA and the CFRA. They give you money when you can’t work. Disability insurance pays up to 52 weeks if you can’t work because of your illness, injury, pregnancy, or childbirth. Paid Family Leave pays up to eight weeks if you take time periods of time off to take care of a sick member of your family, develop bonds with a new child, or handle a military-related event.

Does Receiving Disability Insurance and Paid Family Leave Protect My Job?

Receiving disability insurance and PFL doesn’t protect your job; only the Family and Medical Leave Act and the California Family Rights Act do. Disability insurance and Paid Family Leave only provide you with payment for taking leave. If your employer is covered by the FMLA or the CFRA, they can require you to take leave from work under these laws while you receive disability insurance and PFL benefits.

Are Small Employers Allowed to Fire a Worker for Taking a Medical Leave?

Small employers may be allowed to fire a worker for taking a medical leave, depending on the size of the business. The Family and Medical Leave Act applies to employers with 50 or more employees.

In 2023, only 27% of private industry workers in the United States had access to paid family leave. While this percentage is low, state protections lean in favor of the employee. The California Family Rights Act applies to employers with five or more employees.

Hire a Wrongful Termination Lawyer to Fight for Your Legal Rights

Reach out to Esperanza Anderson to learn how Ms. Anderson can help you during your case. She understands how difficult it can be for clients who experience workplace discrimination and wrongful termination. When it comes to your job, you need someone who will listen to what happened to you and validate your concerns. Esperanza Anderson is here to be a dedicated legal advocate for your rights.