Fired While on Disability or Medical Leave? Know Your Rights

Being fired can be an incredibly stressful and nerve-wracking experience, and even more so if you get that email, phone call, or letter while you are already on leave. In some cases, being fired while on disability or medical leave is unlawful in California. If you are a California worker, it is vital to understand your rights and know what to do if you face a situation like this.

What Are Disability and Medical Leave in California?

Employers sometimes act like they hold more power than employees in the working relationship, but this is often untrue, despite the perception. California has some of the most worker-friendly employment laws in the country, and they include protections for both disability and medical leave when workers qualify.

At least 25% of American adults have some kind of disability. Disability leave is time an employee takes away from work due to a long-term or short-term disability. In California, the Fair Employment and Housing Act provides job-protected disability leave under certain circumstances, and the Pregnancy Disability Leave law provides protected leave for pregnant employees who are facing short-term disability because of their pregnancies.

Medical leave is often protected in California under the California Family Rights Act or the Family and Medical Leave Act. Medical leave is job-protected leave for the purpose of dealing with the employee’s own medical problems or helping to take care of a family member experiencing medical difficulties.

Both disability and medical leave are often job-protected, which means that the employee’s position is protected for the duration of the leave, and the employee should be able to return to work following the leave. However, this protection does not mean that any termination during disability or medical leave is unlawful.

What Terminations Are Unlawful While an Employee Is on Leave?

Although not all terminations that happen while an employee is on leave are wrongful, some certainly are. Employees who are on medical or disability leave are generally protected in the same way active employees are when it comes to wrongful termination. If you were terminated while on leave, the termination may be unlawful if you believe it occurred for any of the following reasons: 

• Your disability. If you have a disability that required you to take a leave of absence, and then your employer fires you without just cause, it may be that you were terminated because of your disability. If so, this would constitute wrongful termination.
• Pregnancy. Pregnancy discrimination in the workplace is incredibly common. Employers may anticipate that an employee will need to take significant time off or will become less dedicated, and the employer may try to find any reason to terminate the employee.
• Retaliation. If you are terminated while on leave after you file a complaint with your employer about workplace harassment, unethical practices, or any other concern, that may constitute wrongful termination.

If you have questions about your specific situation and whether or not your termination might be considered wrongful, you should consult an attorney for legal insight.

What to Do if You Believe You Were Wrongfully Terminated While on Leave

If you believe you have been the victim of a wrongful termination while on medical or disability leave, you should hire a wrongful termination lawyer at your earliest convenience. Your attorney can review the details of your case and help you determine whether or not it has any legal merit.

You can begin the process of seeking justice by writing down the order of events, from your perspective, that led up to your termination. This should include details of your performance at work, any conversations you have had with human resources or your supervisors, and any conversations that happened during or after your termination.

It may also be helpful to save any and all documentation or evidence that might help corroborate your claim. For example, if your employer fired you citing poor performance, but you have several positive performance reviews, these reviews could bolster your wrongful termination case.

FAQs

Is My Employer Required to Pay Me While on Leave?

Generally, no. Employers are not required to pay employees who are taking job-protected leave in California. Employers are typically obligated to maintain an absent employee’s insurance benefits, but they are not required to remit the employee’s usual salary. Some workplaces provide short- or long-term disability insurance that can furnish employees with payments for part of their salaries.

Is Pregnancy Considered a Disability in California?

Pregnancy in and of itself is not considered a disability for employment law purposes in California. However, some conditions resulting from pregnancy can qualify as disabilities. For example, if a pregnant employee has severe morning sickness that prevents them from working, or if the employee must be on bed rest for health reasons, pregnancy can become a qualified disability.

Can an Employer Terminate an Employee for Any Reason in California?

Yes, an employer can terminate an employee’s working relationship for any lawful reason at any time in California. This includes while the employee is on leave. If your employer has a lawful reason to terminate you, they are within their rights to do so, even while you are on leave. Termination while on leave only becomes a problem if it is done for an unlawful reason.

Can I File a Civil Claim Against My Employer for Wrongful Termination in California?

Depending on why you believe you were terminated, you may need to first file a claim with the appropriate government organization. The results of the initial investigation can determine whether or not you have the right to file a civil claim for damages against your employer. Your attorney can give you more insight into this as it pertains to your situation.

Fired on Leave? Hire a Wrongful Termination Lawyer

If you believe you were wrongfully terminated while on medical or disability leave in California, you should contact a knowledgeable attorney with years of experience handling cases much like yours. At Briana Kim, PC, we have the competence and skill it takes to advocate for you. Contact us today to find out how we can help.

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Long Beach, CA 90802

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La Palma, CA 90623