Can You Be Fired While on Medical or Disability Leave?

By Eugene Bruno on June 9, 2025

California workers who take medical or disability leave often find themselves in a vulnerable position. They’re not just worried about their health—they’re also concerned about their jobs. 

One of the most common and pressing questions employees have is: Can I be fired while on medical or disability leave in California? But the answer is not always simple.

It’s true that California offers strong job protections under laws like the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and Fair Employment and Housing Act (FEHA). However, there are certain exceptions that employers may lawfully invoke.

Understanding your rights can help you recognize wrongful termination and take action if your employer crosses the line.

Your Rights Under FMLA and CFRA

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year for qualifying medical and family reasons, including serious health conditions

California’s CFRA mirrors many of these protections but expands eligibility and covers family relationships. For an employee to qualify under FMLA or CFRA, they must:

• Work for an employer with 50 or more employees within a 75-mile radius.
• Have worked at least 1,250 hours during the past 12 months.

Key protections include:

• Your job (or an equivalent one) must be waiting for you when you return.
• You may not be fired simply because you exercised your right to take protected leave.

If you were fired while on medical leave in California and you were eligible for FMLA or CFRA protections, your employer may have violated the law, especially if the termination was based on your leave status rather than legitimate business reasons.

The Role of FEHA in Disability Leave

While FMLA and CFRA cover serious health conditions generally, the Fair Employment and Housing Act (FEHA) focuses specifically on disability rights in the workplace.

FEHA prohibits discrimination against employees with disabilities and imposes obligations on employers to:

• Provide reasonable accommodations.
• Engage in an interactive process to determine those accommodations.

What counts as a disability under FEHA? FEHA defines a disability broadly, including physical or mental impairments that limit a major life activity. This includes conditions like cancer, anxiety, depression, diabetes, and chronic pain.

If your employer fires you during or after a disability leave without attempting to accommodate your return—or fails to engage in an interactive process—this could constitute disability discrimination under California law.

Can You Ever Be Fired While on Medical or Disability Leave?

Unfortunately, yes. There are circumstances in which termination is legal, even while an employee is on protected leave. But the reason for the termination must be completely unrelated to the leave or disability status.

Lawful terminations might include:

• Layoffs or business closures that affect your position regardless of your leave.
• Documented performance issues that predated your leave.
• Violation of company policy that would have resulted in termination regardless of leave status.

The key legal principle is causation. If you can demonstrate that the leave itself was the primary reason for your dismissal, you may have a wrongful termination case.

What Constitutes Wrongful Termination?

Wrongful termination medical leave in California is a legal concept with real teeth. You may have a claim if your employer:

• Fired you in retaliation for requesting or taking medical/disability leave.
• Failed to reinstate you to the same or comparable position after leave.
• Denied a reasonable accommodation and then used your disability status to justify your termination.

A Recent California Case

In Guzman v. NBA Automotive, Inc., an employee was terminated shortly after returning from medical leave for a back injury. The court found evidence that the employer failed to engage in an interactive process and had no documentation of performance issues prior to the leave. The termination was ruled discriminatory under FEHA, and the employee was awarded damages.

The Employer’s Duty to Accommodate and Communicate

California law places strict responsibilities on employers. Under FEHA, an employer must:

• Engage in the Interactive Process: This is a conversation between the employer and employee to identify accommodations that will allow the employee to return to work safely.
• Offer Reasonable Accommodations: Examples include modified duties, a part-time schedule, telecommuting, or additional leave (beyond FMLA/CFRA) if it does not cause undue hardship to the business.

If your employer skips these steps and proceeds to termination, that could become the foundation of a disability discrimination claim.

How to Protect Yourself

If you’re currently on or preparing for medical or disability leave, here are some proactive steps to safeguard your employment:

• Keep Detailed Records: Document every communication with your employer regarding your leave and accommodations.
• Submit Required Paperwork: Ensure your FMLA/CFRA forms and medical certifications are complete and submitted on time.
• Stay in Touch: Maintain open communication during your leave unless your doctor advises complete rest.
• Request Accommodations in Writing: Always put your accommodation requests in writing and keep a copy.

Red Flags That May Indicate Retaliation or Wrongful Termination

Watch for the following warning signs:

• Sudden negative performance reviews after your leave begins.
• Co-workers being told you “quit” or won’t be coming back.
• HR not responding to your requests for accommodations.
• Termination shortly after your return without a clear, documented reason.

These are potential signs that you’ve been targeted due to your medical or disability leave.

What to Do If You’ve Been Fired

If you believe you were wrongfully terminated due to your medical or disability leave, you don’t have to navigate the system alone. Taking legal action could help you recover lost wages, benefits, emotional distress damages, and even reinstatement in some cases.

At Eugene Bruno & Associates, we bring more than 85 years of combined experience to every case we handle. We are proud to protect the rights of hardworking Californians and hold employers accountable when they violate the law.

Speak With an Experienced Employment Law Attorney in San Diego

Our San Diego legal team is ready to listen, guide you through your options, and fight for the justice you deserve. Call a San Diego employment law attorney at Eugene Bruno & Associates today at 1-888-BRUNO-88 (1-888-278-6688) for a free consultation. We’re here to protect your rights.