Retaliation for Taking Medical Leave - Brightwood Law Group, PC

Retaliation for Taking Medical Leave in California: Protecting Your Health and Your Job)

Introduction: Your Right to Medical Leave Without Fear of Punishment

In our ever fast-paced society, it often becomes necessary to take time off for personal or family health needs. California law provides various forms of protected medical leave, ensuring that employees can attend to these critical health matters without jeopardizing their employment. Crucially, these laws also make it illegal for an employer to retaliate against you for requesting or taking permissible medical leave.

At Brightwood Law Group, PC, we believe that no employee should be punished for needing to prioritize their own or family’s well-being by taking protected medical leave. If you have faced adverse employment actions after taking medical leave, you may have been subjected to unlawful retaliation. This page explains your rights and how Brightwood Law Group, PC can help you.

Understanding Your Right to Take Medical Leave in California (Brief Overview)

California employees may be entitled to several types of medical leave, each with its own eligibility requirements and protections. These can include:

Family and Medical Leave Act (FMLA) / California Family Rights Act (CFRA): These laws provide eligible employees with job-protected leave for their own serious health condition, to care for a family member with a serious health condition, or for baby bonding.
Pregnancy Disability Leave (PDL): Provides job-protected leave for employees disabled by pregnancy, childbirth, or related medical conditions.
California Paid Sick Leave: Allows employees to accrue and use paid sick leave for their own illness or to care for a family member.
Leave as a Reasonable Accommodation: Under FEHA and the ADA, employees with disabilities may be entitled to leave as a form of reasonable accommodation.
Employer-Provided Medical Leave: Many employers offer additional medical or disability leave through their own policies, which may also create protected rights.

The act of requesting or taking any of these forms of legitimate medical leave is generally considered a “protected activity,” shielding you from employer retaliation. (For detailed information on specific leave laws, please visit our dedicated pages on Medical Leave Rights, FMLA, CFRA, and PDL).

What Constitutes Retaliation for Taking Medical Leave?

Retaliation for taking medical leave occurs when an employer takes an “adverse employment action” against an employee because they utilized or requested such leave. An adverse action is any action that negatively impacts your job or would likely discourage a reasonable employee from exercising their right to medical leave. This can include:

Termination or Wrongful Discharge: Being fired during or after your medical leave. (See also: Wrongful Termination for Taking Medical Leave)
Demotion or Loss of Responsibilities: Returning from leave to find you’ve been demoted or your key job duties have been reassigned.
Unwarranted Negative Performance Reviews: Suddenly receiving poor performance evaluations without justification after taking leave.
Denial of Promotions or Pay Raises: Being overlooked for advancement or compensation increases that you would have otherwise received.
Harassment or Negative Comments: Being subjected to critical remarks, intimidation, or a hostile environment related to your need for medical leave.
Reduction in Pay, Hours, or Benefits.
Unfavorable Job Transfers or Reassignments.
Being Disciplined for Absences Covered by Approved Leave: Using approved medical leave as a basis for disciplinary action under attendance policies.
Failure to Reinstate: Not being returned to your same or a comparable position after your protected leave ends (this is also an interference with leave rights).

Even subtle actions intended to punish you for taking leave can constitute illegal retaliation.

Key Legal Protections Against Retaliation for Medical Leave

Several laws provide a shield against retaliation for taking medical leave:

FMLA and CFRA: Both of the FMLA and CFRA explicitly prohibit employers from interfering with, or denying the exercise of (or the attempt to exercise) any right provided under these acts, and from discharging or in any other way discriminating against any person for opposing any practice made unlawful by these acts. (See also: FMLA & CFRA Retaliation)
FEHA (Fair Employment and Housing Act): FEHA prohibits retaliation against employees for taking leave as a reasonable accommodation for a disability or for taking Pregnancy Disability Leave.
California Labor Code (Paid Sick Leave): California’s paid sick leave law (Labor Code § 246.5©) prohibits an employer from denying an employee the right to use accrued sick days and from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating against an employee for using accrued sick days.
Public Policy: Terminating an employee for exercising a statutory right to medical leave can also constitute a wrongful termination in violation of fundamental public policy.

Examples of Retaliation Related to Taking Medical Leave:

An employee returns from an approved surgical leave and is informed that their primary projects have been permanently reassigned to a junior colleague.
After utilizing intermittent FMLA leave for a recurring medical condition, an employee’s manager begins micromanaging their work and excluding them from team communications.
An employee uses accrued paid sick days for a legitimate illness and their supervisor makes sarcastic comments about their reliability, subsequently giving them a smaller annual raise compared to peers with similar performance.
Upon returning from pregnancy leave, an employee is pressured to accept a part-time role despite being entitled to reinstatement to her full-time position.

What to Do If You Experience Retaliation for Taking Medical Leave

If you believe your employer is retaliating against you for taking or requesting medical leave:

Document Your Leave: Keep copies of all leave requests, medical certifications (respecting privacy but noting approval dates), employer approvals, and communications regarding your leave.
Document All Retaliatory Actions: Maintain a detailed, contemporaneous log of any adverse actions, negative comments, or changes in your treatment at work following your leave. Note dates, individuals involved, and specific details.
Preserve Performance Records: Keep copies of performance reviews, commendations, and any other documents that demonstrate your work quality, especially from before your leave.
Refer to Company Policies: Review your employee handbook for policies related to medical leave, attendance, and anti-retaliation.
Consult Brightwood Law Group, PC: Retaliation claims can be nuanced. An attorney can help you understand if your rights have been violated and provide legal representation for your violated rights.

How Brightwood Law Group, PC Can Help Protect Your Rights

Brightwood Law Group, PC is committed to ensuring that employees can take necessary medical leave to care for themselves and their families without facing unlawful punishment from their employers. We assist employees by:

Evaluating Potential Retaliation Claims: We will thoroughly review the circumstances of your medical leave and any subsequent adverse actions to determine if illegal retaliation has occurred.
Advising You on Your Rights: We will explain your protections under FMLA, CFRA, FEHA, California Paid Sick Leave laws, and other relevant statutes.
Negotiating with Your Employer: We can advocate on your behalf to stop retaliatory conduct and seek appropriate remedies, such as reinstatement, reversal of disciplinary actions, or compensation.
Filing Claims and Pursuing Litigation: If necessary, we are prepared to file claims with administrative agencies and litigate your case in court to hold your employer accountable for unlawful retaliation.
Seeking Full Compensation: We fight to recover all damages you may be entitled to, including lost wages and benefits, emotional distress damages, and other available relief.

Retaliation for exercising your legal rights is prohibited. Learn more on our general Retaliation Overview Page.

If retaliation for medical leave results in job loss, it may be a Wrongful Termination.

For specific details on FMLA/CFRA leave and associated retaliation, visit FMLA & CFRA Retaliation.

Understand your general Medical Leave Rights in California.

If You Have Been Terminated or Retaliated Against for Taking Medical Leave, We Can Help.

If you believe your employer has retaliated against you for taking protected medical leave for yourself or to care for a family member, we are here to help. Contact Brightwood Law Group, PC today for a free and confidential consultation to discuss your situation. Our experienced employment attorneys are here to protect your legal rights and fight for the justice and compensation you deserve. Call us at (310) 895-9075 or fill out our online contact form.