Can My Employer Fire Me If I Take Disability Leave?

Dealing with a health condition that requires time away from work can leave you with many questions. Your doctor has advised medical leave, but fear grips you every time you think about approaching your employer. Many employees wonder whether they can keep their job after taking medical leave. These concerns are completely understandable. When you’re already managing a disability or serious health condition, the last thing you need is the added stress of potential job loss. The good news is that both federal and California state laws provide significant protections for employees who need disability leave. At the Law Offices of Alan F. Cohen, we guide workers through challenging situations.

What Legal Protections Are Available for Employees on Disability Leave?

Federal Family and Medical Leave Act (FMLA)

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for serious health conditions. Under this federal law, your employer cannot terminate you for taking qualifying medical leave. When you return, you must be restored to the same position or an equivalent role with identical pay, benefits and working conditions.

To qualify for FMLA protection, you must work for a covered employer (50 or more employees) and have worked at least 1,250 hours in the past 12 months.

California Family Rights Act (CFRA)

California’s CFRA mirrors many FMLA protections but extends coverage to smaller employers (5 or more employees in some cases). Like the FMLA, the CFRA protects your job while you’re on approved medical leave for your own serious health condition.

The CFRA ensures that employers cannot demote you, reduce your pay, or eliminate your position simply because you took protected disability leave.

When Are Employers Unable to Fire an Employee?

There are specific circumstances in which your employer is legally forbidden from terminating your employment:

• During Protected Leave: If you qualify for FMLA or CFRA leave, your job is protected throughout your approved absence period.
• For Taking Leave: You cannot be fired simply for requesting or taking disability leave that you’re legally entitled to receive.
• Upon Your Return: When you come back from approved leave, your employer must reinstate you to your original position or a comparable role.
• Retaliation Prevention: Your employer cannot take adverse action against you for exercising your rights under disability leave laws.

What Are Common Tactics Employers Use?

Unfortunately, some employers attempt to circumvent disability leave protections by providing seemingly legitimate, non-discriminatory reasons for termination. These tactics might include:

• Claiming performance issues that weren’t previously documented
• Citing company restructuring or budget cuts
• Alleging violation of company policies
• Arguing that your position was eliminated due to business needs

However, if the real motivation behind your termination relates to your disability or leave request, you may have strong legal grounds for a discrimination claim, regardless of the stated reason.

What Legal Options Are Available If I was Terminated While Taking Medical Leave?

If you believe your termination was motivated by disability discrimination, several legal remedies may be available:

• Wrongful Termination Claims: You can pursue compensation for lost wages, benefits and other damages resulting from wrongful termination.
• Disability Discrimination Claims: These claims address violations of your rights under the Americans with Disabilities Act and California’s Fair Employment and Housing Act.
• Reinstatement: Courts may order your employer to restore your job and benefits.
• Punitive Damages: In situations involving egregious employer conduct, additional damages may be awarded.

Protect Your Rights With an Attorney

The intersection of disability rights and employment law can be complex. Every situation involves unique circumstances that require careful legal analysis. If you’re facing termination while on disability leave—or if you’ve already been fired—don’t assume you have no recourse. The Law Offices of Alan F. Cohen can help you find a path forward. Contact us today to seek the medical care and workplace accommodations you need and deserve.