Requesting medical leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) can be one of the most important steps an employee takes for their health and well-being. Unfortunately, it’s also one of the most misunderstood aspects of employment law, and it can result in retaliation or even wrongful termination. When you face termination after asking for medical leave, it can feel like a betrayal of your rights, leaving you unsure of how to proceed. Thankfully, FMLA and CFRA protect workers from such retaliation, and legal options are available for those who find themselves in this situation.
Understanding the FMLA and CFRA 
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave per year for specific family and medical reasons. This includes serious health conditions of the employee or a close family member, as well as the birth or adoption of a child. The California Family Rights Act (CFRA) mirrors the FMLA in many ways, providing similar protections for employees working in California.
For both laws, employees must meet certain criteria to be eligible, including working for the employer for at least 12 months and having worked 1,250 hours in the past 12 months. Importantly, both laws require that the employee be allowed to return to their position, or an equivalent one, after taking leave.
What Does Retaliation Look Like?
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity—in this case, requesting or taking medical leave. This is illegal under both the FMLA and CFRA. Employers are prohibited from firing, demoting, or otherwise punishing employees for asking for or taking medical leave. However, retaliation can take many forms, and it’s not always immediately obvious.
One of the most common forms of retaliation is termination. An employee may be fired immediately after requesting medical leave, or after taking it. In some cases, employers may try to create a hostile work environment for the employee, leading them to feel forced to quit. Other forms of retaliation can include:
- Reducing hours or pay
- Denying promotions or career advancement
- Assigning the employee to less favorable job roles
- Engaging in negative performance evaluations after leave
It’s important to recognize that retaliation can occur even if the reason for termination or a negative job action is not explicitly stated as being related to the medical leave request. Employers may provide other reasons for their actions, but if the timing of those actions is suspicious, it may be worth consulting with an attorney to determine whether retaliation is occurring.
What is Wrongful Termination?
Wrongful termination is the illegal firing of an employee in violation of their rights. Both the FMLA and CFRA make it clear that an employer cannot fire an employee for taking or requesting medical leave, as long as the employee is eligible under the law. Wrongful termination claims can arise when an employee is fired directly after they request medical leave or when they face other retaliatory actions, such as being forced to quit.
Wrongful termination claims can be difficult to prove, but it’s important to note that an employer cannot simply fire an employee for taking leave. Even if the employer claims there is another reason for the termination, such as poor performance or misconduct, the timing and circumstances surrounding the firing will be crucial to building a strong case.
What to Do if You Are Fired After Asking for Medical Leave
If you are terminated after requesting medical leave, it’s essential to take immediate action. Being fired can have emotional and financial consequences, so protecting your rights is critical. The first step is to document everything. Keep a record of the dates when you requested medical leave, the responses you received from your employer, and any other relevant communications. This documentation will be invaluable if you need to take legal action.
Next, consider reaching out to an experienced employment law attorney. They can review your case, help you understand whether your rights have been violated, and assist you with filing a claim. Filing a complaint with the U.S. Department of Labor or the California Department of Fair Employment and Housing (DFEH) is often the next step. These agencies handle claims related to FMLA and CFRA violations and can investigate the circumstances of your termination.
If you’ve lost wages or suffered other damages as a result of wrongful termination, a lawsuit might be necessary. An attorney can guide you through the process of filing a wrongful termination lawsuit and help you seek compensation for lost wages, emotional distress, and other damages caused by the firing.
Your Legal Rights Under FMLA and CFRA
As an employee, you have specific rights under both the FMLA and CFRA. These laws ensure that you can take medical leave when necessary, without fear of retaliation. Your employer is required to provide up to 12 weeks of unpaid leave to eligible employees, and once your leave is completed, you must be allowed to return to your position or a similar one with the same pay, benefits, and terms of employment.
The FMLA and CFRA also protect you from retaliation. If your employer fires you, demotes you, or punishes you in any way for taking medical leave, they are violating your rights under these laws. The key to protecting your rights is understanding them fully and acting quickly if you believe your rights have been violated.
What Are Your Options if You’ve Been Fired or Retaliated Against?
If you find yourself facing wrongful termination or retaliation after requesting medical leave, several legal options are available. Consulting with an attorney is the first step. Your attorney can help you determine whether your firing or mistreatment violates the FMLA or CFRA and guide you through the process of filing a claim.
Your options may include:
Filing a Complaint
The U.S. Department of Labor (DOL) handles FMLA complaints, while the California Department of Fair Employment and Housing (DFEH) investigates CFRA claims. These agencies will look into the details of your case and may intervene if they find evidence of retaliation or wrongful termination.
Pursuing Legal Action
If the DOL or DFEH is unable to resolve your issue, you may need to file a lawsuit against your employer. A wrongful termination lawsuit can help you recover lost wages, emotional distress damages, and potentially punitive damages.
Seeking Compensation
If your employer has violated the law, you may be entitled to compensation for various damages, including back pay, emotional distress, and potential legal fees. In some cases, you may even be entitled to reinstatement to your previous position or an equivalent one.
How to Protect Your Rights When Taking Medical Leave
While the laws are designed to protect you from retaliation or wrongful termination when taking medical leave, there are steps you can take to further safeguard your rights. Make sure that you are eligible for FMLA or CFRA leave by meeting the necessary requirements. Keep a clear and open line of communication with your employer when you request leave, and ensure that you follow all of the appropriate procedures. Be sure to obtain any medical documentation that might be required to support your leave request.
Additionally, it’s helpful to stay informed about your rights. Many employees are unaware of the protections offered by the FMLA and CFRA, leaving them vulnerable to retaliation. Understanding your rights and being prepared to act if necessary can help you avoid common pitfalls when requesting medical leave.
Being fired or retaliated against after requesting medical leave is a serious issue that can have a significant impact on your career and well-being. Fortunately, both the FMLA and CFRA offer strong protections for employees in these situations. If you’ve been wrongfully terminated or retaliated against for taking medical leave, you have legal options to pursue justice.
The Myers Law Group is experienced in handling FMLA and CFRA retaliation claims, and we are here to help you navigate this challenging situation. If you’ve been fired or mistreated after asking for medical leave, contact us today for a consultation. We can help you understand your rights and work toward the resolution you deserve.