Can I Be Fired for Having Back Surgery?
Recovering from back surgery is a challenging process that often requires significant time off work and physical restrictions. If you are a California employee facing job insecurity after undergoing back surgery, it is important to understand your legal protections and your employer’s obligations. State and federal laws are designed to protect workers from discrimination and retaliation related to medical conditions.
Protections Under FMLA, CFRA, and FEHA
Several key laws provide job protection for employees dealing with serious medical conditions, including back surgery. These laws include the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the Fair Employment and Housing Act (FEHA).
- FMLA: A federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave for medical reasons. This includes time off for serious health conditions such as back surgery.
- CFRA: California’s counterpart to FMLA, which similarly provides up to 12 weeks of unpaid leave for medical needs. CFRA and FMLA leaves often run concurrently.
- FEHA: A California civil rights law that prohibits discrimination based on disability. Under FEHA, back surgery recovery is typically considered a disability. This law requires employers to provide reasonable accommodations and prohibits termination based on a medical condition.
To qualify for FMLA or CFRA, the employee must have worked for the employer for at least 12 months and completed at least 1,250 hours during the previous year. FEHA protections apply to employers with five or more employees and do not have an hour requirement for eligibility.
Employer Obligations During Medical Leave
While you are on medical leave following back surgery, your employer has specific obligations under the law. They cannot terminate you simply for needing time to recover from surgery or because your absence is inconvenient.
Employer obligations include:
- Maintaining your health benefits during FMLA or CFRA leave
- Reinstating you to the same or comparable job after leave ends
- Refraining from retaliating, disciplining, or terminating you simply for exercising your legal right to leave
If your employer fails to follow these requirements, you may have grounds for a wrongful termination or disability discrimination claim. More information about these situations is available on our wrongful termination and disability discrimination pages.
Return-to-Work Accommodations
When you are medically ready to return to work after your back surgery, you may still require adjustments to your job duties or environment. Under FEHA, California employers are required to provide reasonable accommodations for employees recovering from a disability, including recovery from surgery.
Examples of reasonable accommodations for workers returning after back surgery include:
| Reasonable Accommodation | Description |
|---|---|
| Modified work duties | Temporary or permanent reassignment of physical tasks that strain the back |
| Ergonomic workspace | Provide standing desks, ergonomic chairs, or other equipment |
| Reduced schedule | Allowing the employee to work part-time during recovery |
| Telework options | Permitting remote work when physical presence is not essential |
| Leave extension | Providing additional unpaid leave beyond FMLA or CFRA when necessary |
Your employer must engage in a good-faith interactive process to determine appropriate accommodations tailored to your needs and limitations.
What to Do If You’re Fired or Threatened
Being terminated or threatened with termination while recovering from surgery may be unlawful. If your employer fired you because of your surgery, your need for leave, or your disability status, you may have a legal claim.
Steps you should take include:
- Documenting all communications with your employer regarding your surgery and leave
- Saving copies of doctor’s notes, medical records, and correspondence
- Requesting information in writing when your return-to-work status is being evaluated
- Filing a written complaint with HR if you face retaliation or denial of accommodations
These steps help preserve evidence and provide a factual timeline if you need to pursue legal action.
When to Contact an Employment Lawyer
If you are being mistreated at work due to your back surgery, are denied medical leave or reasonable accommodations, or are terminated because of your condition, you should consult with an experienced employment law attorney. An attorney can help determine if your rights under FMLA, CFRA, or FEHA have been violated and guide you on how to proceed.
Miracle Mile Law Group focuses exclusively on representing employees, including those who have suffered workplace discrimination or wrongful termination related to medical conditions. We understand the legal complexities surrounding disability rights, medical leave, and returning to work after surgery.
For a free consultation, contact Miracle Mile Law Group today to learn about your rights and legal options.
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