Wrongful Termination for Medical Leave - Brightwood Law Group, PC

Fired for Taking Medical Leave? California Protects Your Rights

Your Right to Medical Leave and Job Protection

Needing time off work to recover from a serious illness, care for a sick family member, or bond with a new child is a reality for many employees. Fortunately, California and federal laws provide crucial protections, allowing eligible employees to take job-protected medical and family leave. It is illegal for an employer to fire you or retaliate against you simply because you requested or took such protected leave.

At Brightwood Law Group, PC, we are staunch advocates for employees whose rights to medical leave have been violated, including those who have faced wrongful termination as a result.

Understanding Your Rights to Medical and Family Leave in California

Several key laws grant employees the right to take leave for qualifying medical and family reasons, offering job protection during your absence:

The Family and Medical Leave Act (FMLA) is a federal law that provides job-protected leave for employees who need time off for significant family and medical reasons. To be covered by FMLA, an employer must meet certain criteria; this generally includes private-sector employers with 50 or more employees, public agencies regardless of size, and elementary or secondary schools. For an employee to be eligible for FMLA leave, they must:

- Have worked for their employer for at least 12 months (not necessarily consecutively).
- Have worked at least 1,250 hours for that employer in the 12 months immediately preceding the leave.
- Work at a location where the employer has at least 50 employees

If these qualifications are met, an eligible employee is entitled to take up to 12 weeks of unpaid, job-protected leave per year. Qualifying reasons for taking FMLA leave include the birth and care of a newborn child; placement of a child for adoption or foster care; caring for an immediate family member (spouse, child, or parent) with a serious health condition; or when the employee is unable to work due to their own serious health condition.

The California Family Rights Act (CFRA) is a state law providing eligible California employees with up to 12 weeks of job-protected leave for specific family and medical reasons. To be covered by CFRA, an employer must have five or more employees, making its reach much broader than the federal FMLA for private businesses. For an employee to be eligible for CFRA leave, they must:

- Have worked for the employer for at least 12 months and
- Have worked at least 1,250 hours for that employer in the 12-month period immediately preceding the start of the leave.

CFRA often runs concurrently with FMLA but has some key differences and, in certain areas, offers broader protections, such as a more expansive definition of family members for caregiving leave and specific rules regarding its interaction with Pregnancy Disability Leave (PDL).

Pregnancy Disability Leave (PDL): California law provides for up to four months of job-protected leave for employees disabled by pregnancy, childbirth, or a related medical condition. PDL is separate from CFRA bonding leave and can be taken in addition to it.

Pregnancy Disability Leave (PDL): California law provides job-protected leave for employees disabled by pregnancy, childbirth, or a related medical condition. This law applies to employers with five or more employees. A key protection of PDL is its broad employee eligibility: any employee disabled by pregnancy is eligible, regardless of their length of service or the number of hours they have worked for the employer. Eligible employees are entitled to up to four months of job-protected leave per pregnancy for the period they are actually disabled. PDL is a separate entitlement from CFRA bonding leave and can be taken in addition to it, potentially allowing for a total leave period of over seven months for pregnancy disability and subsequent bonding.

Other Protected Leaves: California law also provides for other types of protected leave, such as paid sick leave, kin care leave (using sick leave to care for a family member), and leave for victims of domestic violence, sexual assault, or stalking.

A key component of these laws is the right to reinstatement. Generally, upon returning from protected leave, an employee must be reinstated to the same or a comparable position, with equivalent pay, benefits, and other terms and conditions of employment.

What Constitutes Wrongful Termination Related to Medical Leave?

Wrongful termination in the context of medical leave occurs when an employer fires an employee for exercising their rights under FMLA, CFRA, PDL, or other applicable leave laws. This can manifest in several ways:

Termination During or Immediately After Protected Leave: Firing an employee while they are on approved leave or shortly after they return is a strong indicator of potential wrongful termination, especially if the employer’s stated reasons seem pretextual.
Termination for Requesting Leave: An employer cannot legally fire you simply for requesting information about your leave rights or formally applying for FMLA/CFRA leave.
Employer Interference or Discouragement: If an employer takes steps to interfere with, restrain, or deny an employee’s attempt to exercise their leave rights (e.g., by discouraging them from taking leave, or creating undue burdens in the application process) and this ultimately leads to termination, it can be unlawful.
Pretextual Reasons for Firing: Employers may try to hide an illegal motive by providing a false reason for the termination. For example, an employee who always had good performance reviews might suddenly receive negative evaluations or be disciplined for minor issues after requesting or taking medical leave.
Failure to Reinstate: Except in very limited circumstances, an employer must reinstate an employee to their original job or a comparable position upon their return from protected leave. Refusal to do so can be a form of wrongful termination.
Using Protected Leave as a Negative Factor: Counting FMLA, CFRA, or PDL leave against an employee under “no-fault” attendance policies or using it as a negative factor in performance reviews or promotion decisions leading to termination, is prohibited.

Examples of Wrongful Termination for Taking Medical Leave:

An employee on approved FMLA leave for surgery is informed their position has been eliminated, but a new employee is hired shortly after for a very similar role.
An employee requests CFRA leave to care for a seriously ill child and is terminated a week later for alleged “poor performance,” despite a history of positive reviews.
An employee returns from PDL and is told their job was given to someone else, and the only available position is a demotion with less pay.
A manager makes negative comments about an employee’s need for intermittent FMLA leave for a chronic condition, and the employee is subsequently laid off during a “company restructuring” while others in similar roles are retained.

What to Do If You Suspect You Were Fired for Taking Medical Leave:

If you believe your termination was related to your request for or use of protected medical or family leave:

Gather All Documentation: Keep copies of all leave requests, medical certifications (respecting privacy for sensitive details but noting approval dates), employer responses, communications with HR or your supervisors about your leave, performance evaluations (especially those before and after your leave request), and your termination notice.
Document the Stated Reason for Termination: Make a careful note of the reason(s) your employer gave for your dismissal.
Create a Timeline: Write down the sequence of events, including when you requested leave, when it was approved, when you took leave, any comments or actions by your employer related to your leave, and the circumstances of your termination.
Consult Brightwood Law Group, PC: It is crucial to seek legal advice promptly. An attorney specializing in employment law can help you understand your rights under FMLA, CFRA, PDL, and determine if your termination was unlawful.

How Brightwood Law Group, PC Upholds Your Right to Medical Leave

At Brightwood Law Group, PC, we are deeply committed to ensuring that employees can exercise their legal right to take necessary medical and family leave without fear of losing their jobs. We assist employees by:

Evaluating Your Case: We will thoroughly review the details of your leave request, your employer’s actions, and your termination to determine if your rights under FMLA, CFRA, PDL, or other leave laws were violated.
Holding Employers Accountable: We take strong action against employers who unlawfully interfere with employee leave rights or retaliate against employees for taking protected leave.
Seeking All Available Remedies: If you were wrongfully terminated in connection with taking medical leave, we will fight to recover damages such as lost wages and benefits and emotional distress compensation.

Learn more about the general principles of Wrongful Termination in California Here.

Understand your specific rights under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).

Fired for Taking Necessary Medical or Family Leave? You Have Rights.

If you believe your job was terminated because you requested or took protected medical or family leave, you don’t have to face this situation alone. Contact Brightwood Law Group, PC today for a confidential consultation. Our dedicated employment attorneys can help you understand your rights and explore your legal options. Call us at (310) 895-9075 or fill out our online contact form.