Can I Be Fired for Taking Family or Medical Leave?

In California, both federal and state laws provide employees with protections when they need to take time off for family or medical reasons. Understanding these rights is critical to protecting your job and ensuring your employer follows the law. If you have been terminated after taking leave, you may have legal recourse.

The Miracle Mile Law Group helps California employees understand and enforce their rights under these leave laws. Below is a detailed guide explaining your protections under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), common violations by employers, and what to do if you believe you were wrongfully terminated.

Understanding FMLA and CFRA

Two major laws govern family and medical leave for employees in California:

• Family and Medical Leave Act (FMLA): A federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons.
• California Family Rights Act (CFRA): A state law that also grants up to 12 weeks of unpaid, job-protected leave per year for similar purposes as the FMLA. The CFRA generally provides broader protections than FMLA and covers more family relationships.

Employers with 5 or more employees must comply with the CFRA. Under the FMLA, employers must have at least 50 employees within a 75-mile radius. Employees must meet the following requirements to be eligible for either FMLA or CFRA leave:

• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours during the previous 12-month period

Both laws require that when an employee returns from qualified leave, they be reinstated to the same or a comparable position. Employers are prohibited from retaliating against employees for exercising their rights under these laws.

Examples of Protected Leave

The FMLA and CFRA strictly define what types of leave qualify for protection. Common examples of qualifying reasons for leave include:

• Bonding with a newborn, adopted, or foster child
• Caring for a spouse, child, parent, or domestic partner with a serious health condition (CFRA includes domestic partners; FMLA does not)
• Your own serious health condition that prevents you from performing essential job functions
• Certain military family leave reasons (FMLA only)

“Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. Mental health conditions can qualify if they meet the medical criteria.

Common Employer Violations

Unfortunately, some employers violate employees’ rights under FMLA and CFRA. Recognizing unlawful practices is the first step to addressing them. Common violations include:

• Denying leave to eligible employees
• Terminating an employee shortly after they request or return from leave
• Failing to reinstate the employee to their former or comparable position
• Discouraging or retaliating against employees who request leave
• Counting protected leave against attendance or performance metrics

Employers must not use the fact that you took legally protected leave as a basis for disciplinary action, harassment, demotion, or firing. Retaliation in any form may constitute a violation of your rights.

What to Do If You’re Fired After Leave

If you have been fired after taking family or medical leave, you may be the victim of retaliation or wrongful termination. Here are actions you should consider taking immediately:

• Gather documentation of your leave request, medical certifications, and any communication with your employer
• Request your personnel file, which you have a right to access under California law
• Write down the timeline of events, including when you requested leave, the reason for leave, and the date of your termination
• Contact an employment attorney to review your case

If your rights under the FMLA or CFRA have been violated, you may be entitled to compensation for lost wages, reinstatement, and other damages. Time limits apply for filing legal actions, so seeking legal advice as soon as possible is crucial.

The Miracle Mile Law Group assists California employees who have been fired or retaliated against for taking medical or family leave. Our attorneys can explain your rights, evaluate your case, and fight to hold your employer accountable.