Can You Be Fired on Medical or Family Leave in California?

Firing you because you took protected medical or family leave in California can be unlawful. Eligible employees have the right to job-protected leave for their own serious health condition, to care for a family member, or to bond with a new child, and the right to return to the same or a comparable job. California's leave protections reach smaller employers than federal law does.

If you are reading this, you are probably weighing time off against the fear of losing your job. Below, we explain what leave you are entitled to in California, whether you get your job back, whether leave is paid, and what to do if you were fired for taking it.

This article is general information about California law, not legal advice. Reading it does not create an attorney-client relationship.

Can you be fired while on medical leave in California?

If your leave is legally protected, firing you because you took it is unlawful. Protected leave includes leave under the California Family Rights Act and the federal Family and Medical Leave Act, as well as pregnancy disability leave. Your employer generally cannot count protected leave against you or refuse to reinstate you because you used it.

That does not mean a firing during leave is always illegal. An employer can still let you go for a genuine, unrelated reason, such as a layoff that would have reached you anyway. The question is whether the leave was the real reason, or the excuse. Timing that lines up with your leave request is often where these cases begin.

How much leave am I entitled to in California?

It depends on the reason and your eligibility, but California workers can often stack more protected leave than most people realize. The California Family Rights Act provides up to 12 weeks, and it applies to employers with just five or more employees. Pregnancy disability leave adds up to four months separately, so a pregnancy can involve several months of combined protection.

To be eligible for California Family Rights Act (opens in a new tab) leave, you generally need more than 12 months and at least 1,250 hours of service with the employer. Pregnancy disability leave does not require that tenure.

Do I get my job back after leave?

Generally yes. Protected leave comes with a right to reinstatement to the same position, or a comparable one if the same job is genuinely unavailable for reasons unrelated to your leave. Your seniority and accrued benefits continue, and your employer must maintain your group health coverage during the leave.

An employer cannot use your leave as a reason to demote you, cut your pay, or replace you permanently. If you came back to a worse job, or to no job, and the timing points to your leave, that can be an interference or retaliation claim under the leave laws. Documenting the position and terms you had before leave is what makes that comparison possible.

Do I get paid during leave in California?

Protected leave itself is generally unpaid, but you may qualify for wage-replacement benefits that make it manageable. California's State Disability Insurance can replace part of your income while you are unable to work, and Paid Family Leave provides benefits while you care for a family member or bond with a new child. You may also be able to use accrued paid time off.

These wage-replacement programs are separate from your job-protection rights, which is a point of confusion for many workers. State Disability Insurance and Paid Family Leave provide income, while the California Family Rights Act and related laws protect your job. You often use them together, and losing track of one does not waive the other.

What if I need accommodation for a disability?

Separate from leave, California requires employers to reasonably accommodate a disability and to engage in a good-faith interactive process to find one. Time off can itself be a reasonable accommodation, and so can a modified schedule, lighter duties, or a temporary reassignment. An employer that refuses to engage in that process can face its own claim.

California's disability protections are broader than federal law, and the duty to accommodate applies to conditions many people would not expect. If you needed an adjustment because of a health condition and your employer simply said no without discussing options, that failure to engage is often a claim in its own right. If you were fired instead of accommodated, our guide on wrongful termination in California explains how those cases work.

If you were fired, demoted, or denied reinstatement around taking leave, the useful next step is to have someone look at the specifics. Justin Silverman represents workers across Los Angeles, and a consultation with our office is free. You can reach us at 818-585-1267 or through the contact form on our site. If your leave was pregnancy-related, see our pregnancy discrimination guide. The firm has recovered over $12 million for clients. Past results do not guarantee a similar outcome, and every case depends on its own facts.

This article is general information about California law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about your specific situation, talk to a lawyer.