Can My Employer Fire Me for Taking Medical Leave in California?

By Azadian Law Group, PC

Let’s get straight to it: In most cases, no — your employer cannot legally fire you for taking protected medical leave in California.

But (and this is a big but) — it depends on what type of leave, how you requested it, and whether your employer is covered by the law. California has some of the strongest worker protections in the country, yet employers still violate them every day.

If you’re feeling uneasy about your job after requesting time off for a medical condition, you’re not paranoid. You’re paying attention — and that matters.

Understanding Medical Leave Protections in California

California workers are protected under several key laws:

1. Family and Medical Leave Act (FMLA)

• Federal law Covers employers with 50+ employees (within 75 miles)
• Provides up to 12 weeks of unpaid, job-protected leave
• Requires 12 months of employment + 1,250 hours worked

2. California Family Rights Act (CFRA)

• California state law Covers employers with 5+ employees
• Provides 12 weeks of job-protected leave
• Broader coverage than FMLA

3. Fair Employment and Housing Act (FEHA)

• Protects employees from disability discrimination
• Requires reasonable accommodation
• Can require extended leave beyond 12 weeks

California doesn’t play around when it comes to worker protections. But employers sometimes do.

What Counts as “Medical Leave”?

You may qualify for protected leave if you:

• Have a serious health condition
• Need surgery and recovery time
• Are pregnant or dealing with pregnancy-related conditions
• Are caring for a seriously ill family member
• Need time off for mental health treatment
• Have a chronic condition (e.g., autoimmune disorder, cancer, major depression)

And yes — mental health absolutely counts under both FMLA and CFRA.

Can an Employer Fire You Anyway?

Here’s the real-world breakdown:

Illegal Termination

• It is unlawful if your employer fires you:
• Because you requested or took protected medical leave
• In retaliation for asserting your rights
• Because of a disability
• For needing reasonable accommodation

When Employers Try to Get Clever

Some employers don’t say: “We’re firing you for taking leave.”

Instead, they say:

• “We’re restructuring.”
• “Performance issues.”
• “We’re eliminating your role.”

If the timing is suspicious (for example, termination immediately after returning from leave), that may indicate retaliation.

The Numbers Don’t Lie

According to data from the U.S. Equal Employment Opportunity Commission (EEOC):

• Disability discrimination consistently ranks among the top 3 most filed workplace claims nationwide.
• In recent years, over 25% of all EEOC charges involved disability-related claims.
• Retaliation claims make up nearly 55% of all workplace discrimination charges.

That tells you something: retaliation is common.

California employees also file thousands of claims annually through the Department of Fair Employment and Housing (now part of the Civil Rights Department).

At-Will Employment in California — What It Really Means

California is an “at-will” state.

That means:

• Employers can terminate you for almost any reason.
• But not for an illegal reason.

Medical leave retaliation is an illegal reason.

At-will does not override federal or state leave protections.

What If You Don’t Qualify for FMLA or CFRA?

Even if you don’t qualify under FMLA or CFRA, you may still be protected under:

• FEHA (reasonable accommodation)
• Pregnancy Disability Leave (PDL)
• Paid Sick Leave laws

Under FEHA, employers must engage in an interactive process and consider reasonable accommodations — including unpaid leave — unless it creates undue hardship.

Red Flags of Illegal Termination After Medical Leave

Watch for:

• Sudden negative performance reviews after years of good feedback
• Being replaced while on leave
• Demotion upon return
• Hostile treatment after requesting leave
• Being told your job is “no longer available”

If your gut says something is off — it probably is.

What Should You Do If You Were Fired?

• Gather documentation (emails, doctor notes, HR correspondence)
• Write down a timeline of events
• Do not sign severance agreements without review
• Speak with an experienced California employment attorney immediately

Timing matters. Some claims have strict filing deadlines (as short as one year).

Real-World Example

Imagine this:

You notify HR about upcoming surgery.

You provide medical documentation.

You take six weeks off.

You return — and within two weeks, you’re terminated for “performance issues.”

If performance was never an issue before, that timing raises serious legal concerns.

Courts often look at temporal proximity (how close the termination is to the protected activity).

Why These Cases Matter

Losing your job while dealing with a medical condition isn’t just financially stressful — it’s deeply personal.

California law recognizes that workers should not have to choose between their health and their livelihood.

When employers ignore that, accountability matters.

Final Thoughts

If you took medical leave and were fired, don’t assume it was legal just because your employer says it was.

Medical leave retaliation cases often hinge on timing, documentation, and employer conduct.

If you believe your rights were violated, speaking with an experienced employment attorney can help you understand your options.

Azadian Law Group, PC represents employees throughout California in wrongful termination, retaliation, and disability discrimination matters. If you have questions about your situation, we are here to help.