Employers cannot fire you solely for taking medical leave.
For a variety of reasons, employees may have to take time off of work for their own medical condition or to take care of a family member suffering from a medical problem of their own. Under the Family and Medical Leave Act (FMLA), qualified employees are entitled to take up to twelve weeks of unpaid, job-protected leave each year, and to have group health benefits during their absence. Many state laws, such as the California Family Rights Act (CFRA) also provide protections that allow employees to take leave for serious health conditions. Yet despite these laws, many employees worry that if they take leave, they will lose their job or will suffer retaliation in some form when they return from work. This is particularly true in an uncertain job market.
However, employers who terminate employees simply for taking medical leave would be in violation of both FMLA and the CFRA. Under these laws, an employee cannot be fired just for taking medical leave (for seeking assistance for their own medical condition or caring for a family member with a medical condition). If an employee is fired while on medical leave or shortly after returning from medical leave, he or she may have been wrongfully terminated. A skilled employment law attorney can evaluate the case to determinate if a legal action is necessary to recover damages for wrongful termination. Among the factors to be considered is the reason given for the termination. The timing of the firing can also be important, particularly when an employer may have a supposedly valid reason for firing an employee. For example, if an employer claims that an employee was fired for being late three months ago, but the employee was not fired until after he took medical leave, that may call into question the truth of the employer’s rationale for the termination. Under both FMLA and the CFRA, employees are permitted to take time off for medical reasons — and employees cannot be fired for having an illness or medical condition, or for taking medical leave.
However, if there is another valid reason for the termination that is separate from the medical leave, then the termination will not be considered wrongful or a violation of FMLA or CFRA. There are potentially legitimate reasons why an employee may no longer have a job when he or she returns from medical leave, such as company downsizing. If the employer can prove that the termination had nothing to do with the employee taking medical leave, then the employee probably was not wrongfully terminated. An experienced employment law attorney can help you evaluate the facts of your specific situation to determine if the reason given by your attorney is likely valid.
Wrongful termination cases can be complex, particularly those involving FMLA and medical leave. If you believe that you have been wrongfully terminated based on taking medical leave or having a medical condition, it is important to consult with a skilled employment law attorney as soon as possible.
At PLBH, our seasoned employment law attorneys have more than forty years of experience helping employees who have been wrongfully terminated. We will work with you to help you get the best possible outcome for your case, and will stand by your side throughout the process. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a free initial consultation.