What Are My Options If I Was Fired for Taking Medical Leave?

Medical leave provides employees with vital time to address personal or family health issues. For those facing serious illness or caregiving responsibilities, this safeguard ensures job protection during their most vulnerable moments. Yet, some employees in these circumstances may experience unlawful termination, raising essential questions about their rights and legal recourse. Understanding the legal protections for medical leave and the options available when violations occur is critical to safeguarding employee well-being and holding employers accountable. Minnis & Smallets LLP helps workers learn about their options when addressing possible retaliation. 

Why Termination for Taking Medical Leave Is Unlawful

Terminating an employee for exercising the right to medical leave is considered unlawful under several state and federal laws. These safeguards aim to protect workers from employment repercussions while addressing legitimate medical needs.  

Employer Obligations Under Medical Leave Laws

The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualified medical or family reasons. FMLA prohibits employers from retaliating against employees for invoking this right and ensures restoration to their original or an equivalent position upon return from leave.  

The California Family Rights Act (CFRA) and the Pregnancy Disability Leave (PDL) laws offer additional protections, covering a broader range of circumstances. California’s labor laws explicitly prohibit termination solely based on an employee taking legally protected leave.  

Violations and Their Consequences

A termination tied directly to taking leave may be considered retaliatory, breaching employment laws. This applies even when employers attempt to mask wrongful termination behind unrelated reasons. Even in at-will employment states like California, employers are not exempt from abiding by anti-retaliation laws protecting employees who take medical leave.  

Legal Protections for Employees

The legal framework ensures that employees who have been wrongfully terminated have options to seek redress. When faced with potential violations, knowing one’s rights under laws like FMLA, CFRA and others is crucial.  

Family and Medical Leave Act (FMLA)

Under FMLA, employers with 50 or more employees are required to grant leave for specified medical or family reasons. During this time, employees are entitled to job protection and continued health benefits. FMLA violations, including retaliatory termination, allow employees to file complaints with the Department of Labor or seek legal remedies through the courts.  

California Family Rights Act (CFRA)

California’s CFRA aligns with FMLA but extends its coverage, allowing employees working for smaller businesses (five or more employees) to access similar protections. It also expands eligibility to include caregiving for domestic partners and certain other close relationships omitted under FMLA. Employees denied leave or wrongfully terminated under CFRA may pursue action through the California Department of Civil Rights.  

Wrongful Termination Claims

Employees discharged in violation of leave laws often have grounds for a wrongful termination claim. These claims allow workers to pursue compensation for lost wages and other damages. Importantly, legal counsel can assess each case’s circumstances to determine whether additional claims for retaliation, discrimination or other employment violations are applicable.  

Steps to Take After a Termination

Employees terminated after taking medical leave can pursue several steps to protect their rights. These include gathering documentation, such as emails, performance reviews and termination letters, that may serve as evidence of the employer’s intentions. Reviewing company policies concerning leave, along with applicable state and federal laws, can provide further clarity on whether termination was lawful.  

Seeking legal advice is paramount. An employment lawyer can assess the situation, file complaints with the appropriate agencies or litigate against employers who violated the law. This professional guidance ensures that employees are treated fairly and receive the justice they deserve.  

Contact Minnis & Smallets LLP for Legal Guidance

Recovering from wrongful termination due to medical leave can be an overwhelming process. Skilled legal support is essential to navigating these challenges successfully. At Minnis & Smallets LLP, dedicated attorneys provide personalized attention to employees whose rights have been violated. With in-depth knowledge of California’s employment laws, Minnis & Smallets LLP assists workers in seeking justice, holding employers accountable, and securing comprehensive remedies. Employees who were terminated for taking medical leave can discuss their legal options with our experienced attorneys. Schedule a confidential consultation today.