Overview
Medical leave is a protected right under both California and federal law. Employees who take leave under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA) cannot be legally fired or retaliated against for exercising these rights. Unfortunately, some employers still attempt to terminate or punish workers who take medical leave.
Here’s what you need to know about your rights, employer obligations, and how to protect yourself if you face retaliation.
⚠️ Common Medical Leave Issues
Employees often face:
- Wrongful termination after requesting or taking medical leave
- Retaliation such as demotion, reduced hours, or harassment
- Denial of leave requests despite eligibility under CFRA or FMLA
- Failure to reinstate employees to their original or equivalent positions after leave
- Confusion over overlapping state and federal protections
For more on medical leave rights, see the California Civil Rights Department’s CFRA Guide and the U.S. Department of Labor’s FMLA page.
🧑💼 CFRA vs. FMLA
- CFRA (California Family Rights Act)
- Provides up to 12 weeks of unpaid, job‑protected leave for medical or family reasons.
- Covers more family members than FMLA, including domestic partners.
- Applies to employers with 5 or more employees.
- FMLA (Family and Medical Leave Act)
- Provides up to 12 weeks of unpaid, job‑protected leave for medical or family reasons.
- Applies to employers with 50 or more employees.
- Covers fewer family relationships compared to CFRA.
For a comparison chart, see the California Employment Development Department (EDD).
🧾 Real-World Example: Wrongful Termination After Surgery
A client took CFRA leave for surgery recovery. Upon returning, her employer claimed her position was “eliminated.” We filed a wrongful termination claim under CFRA, proving retaliation. The case resulted in reinstatement and compensation for lost wages and emotional distress.
🛡️ Retaliation Protections
California law prohibits employers from:
- Firing or disciplining employees for taking protected medical leave
- Denying reinstatement to the same or equivalent position
- Retaliating through harassment, demotion, or reduced hours
Employees may file complaints with the California Civil Rights Department or the U.S. Department of Labor.
📋 What to Do If You’re Fired After Taking Medical Leave
- Document all communications with your employer — emails, texts, HR reports
- Request written explanations for termination or demotion
- File a complaint with the California Civil Rights Department or U.S. Department of Labor
- Seek medical documentation to support your leave request
- Contact an attorney to pursue wrongful termination or retaliation claims
❓ Frequently Asked Questions
Can I be fired for taking CFRA or FMLA leave? No. Both laws protect employees from termination or retaliation when taking qualified medical leave.
What if my employer says my position was eliminated? Employers must reinstate you to the same or equivalent position. “Elimination” is often used as a cover for retaliation.
Do I get paid during medical leave? CFRA and FMLA provide unpaid leave. However, you may qualify for California Paid Family Leave (PFL) benefits through the EDD.
What damages can I recover if I’m wrongfully terminated? You may recover lost wages, emotional distress damages, reinstatement, and in some cases punitive damages.
👨⚖️ Why You Need a Lawyer
Medical leave cases often involve overlapping state and federal laws. Our attorneys:
- Determine whether CFRA, FMLA, or both apply to your case
- Gather evidence of retaliation or wrongful termination
- File complaints with state and federal agencies
- Fight for reinstatement, lost wages, and emotional damages
We’ve helped employees across California protect their jobs and recover compensation after wrongful termination.
📞 Call Infinity Law Group Today
If you’ve been fired or retaliated against for taking medical leave in California, don’t face your employer alone. We’ll help you understand your rights and build a strong case. 📲 Schedule your free consultation or call us directly at (925) 732-1188
